Terms of Use Agreement

Last Updated: 16 June 2020

This Terms of Use Agreement (this "Agreement") governs your access to and use of the Let’s Gold mobile applications and related updates, upgrades and features thereto (each mobile application and related updates, upgrades and features is an “App” and collectively are the “Apps”) offered by Limpopo Technology Sdn Bhd (Company Number 1284186-A) and its representatives, affiliates, officers, and directors (collectively “Scopely,” “we” or “us”) as well as messaging, music, video, developer, mobile and other online services offered from time to time by Limpopo Technology Sdn Bhd in connection with the Apps (collectively with the Apps, the "Services"). Limpopo technology Sdn Bhd is based in Malaysia with its services hosted and offered in Malaysia only.

Limpopo Technology Sdn Bhd furnishes the Apps and the Services for your personal, non-commercial use. By consenting to this Agreement, you accept and agree to be bound by this Agreement and the Privacy Policy available at (“Privacy Policy”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). If you do not agree to all of the terms and conditions of this Agreement and the Limpopo Technology Sdn Bhd Privacy Policy and abide by Applicable Law in connection therewith, you may not visit any of the Apps and/or access or use any of the Services.

Please read through this Agreement and the Privacy Policy carefully. Limpopo Technology Sdn Bhd reserves the right to modify this Agreement and the Privacy Policy at any time in its sole and absolute discretion and, to the fullest extent permitted by Applicable Law, and each such modification will be effective upon posting. For this reason, please also ensure that all the Apps remain updated. All material modifications only will apply prospectively. Your continued use of the Apps and/or Services following any modification of this Agreement and/or the Privacy Policy (as applicable) constitutes your acceptance of and agreement to be bound by the modified Agreement and/or the Privacy Policy (as applicable). It is therefore important that you regularly review this Agreement and the Privacy Policy. You can determine when this Agreement or the Privacy Policy was last revised by referring to the “Last Updated” legend at the top. If you do not agree to be bound by this Agreement and the Privacy Policy and to abide by all Applicable Law, you must discontinue use of the Apps and the Services immediately. Please note that Limpopo Technology Sdn Bhd does not undertake to archive previous versions of this Agreement and the Privacy Policy. Instead, we recommend you print and save a copy of each and every version of this Agreement and the Privacy Policy.

Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, in addition to this Agreement and the Privacy Policy, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.

Registration and Security

You take full responsibility for your participation on the Apps and Services. As a condition of using certain features of the Apps and/or Services, you may be required to register on the Apps and/or Services and/or select a username and password. You represent and warrant that any information you provide in connection with your access to and use of the Apps and Services is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not use a username that is (i) a name of another person with the intent to impersonate that person; (ii) a name subject to any rights of another person without appropriate authorization; (iii) already being used by another person; or (iv) is offensive or otherwise objectionable in Limpopo Technology Sdn Bhd’s sole discretion. Limpopo Technology Sdn Bhd reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.

You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of any other person at any time and not to allow any other person to use your account. You agree not to create an account by automated means or false pretenses or use any other end user’s account for any purposes, including to circumvent a suspension or ban. You may not sell, transfer, or allow others to access and/or use your account. You agree to notify Limpopo Technology Sdn Bhd immediately if you suspect any unauthorized use of, or access to, your account or password. Limpopo Technology Sdn Bhd reserves the right to change a username, in its sole discretion. It is important that you remember your username and password, and that you provide answers to security questions for your account. If you forget your username or password and have not provided us with any answers to security questions, you may not be able to access and use your account.

For security reasons, please do not use your real name as your username, password, or forum handle. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE APPS, YOU DO SO AT YOUR OWN RISK.

Access

Limpopo Technology Sdn Bhd may, at any time, modify, suspend and/or discontinue any Apps and/or Services (and/or any feature thereof); charge, modify or waive fees required to use any Apps and/or Services (and/or any feature thereof); or offer opportunities to some or all end users of any Apps and/or Services. Limpopo Technology Sdn Bhd may also impose limits on certain features and services offered in connection with any Apps and/or Services or restrict your access to parts or all of any Apps and/or Services at any time when there exists substantial reason. You acknowledge that from time to time the Apps and/or Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Limpopo Technology Sdn Bhd may undertake at any time from time to time; or (iii) causes beyond the control of Limpopo Technology Sdn Bhd or which are not reasonably foreseeable by Limpopo Technology Sdn Bhd.

Termination

Unless terminated by Limpopo Technology Sdn Bhd in its sole discretion, this Agreement remains in full force and effect while you use the Apps and Services. You may terminate your account at any time, for any reason, without prior notice or explanation, by sending an email to info@limpopotech.com. Deleting the Apps will not terminate the account. Limpopo Technology Sdn Bhd reserves the right in its sole and absolute discretion to suspend and/or terminate your account and/or access to the Services at any time, if you violate any Applicable Law or any term of this Agreement, with prior notice or explanation, and shall have no liability to you for such termination. In the event that your account has been suspended, Limpopo Technology Sdn Bhd may request that you provide further verification of your identity, for example, by responding to an email or a text message, before your account may be reactivated. Even after your account or access to the Services is terminated by you or by Limpopo Technology Sdn Bhd, this Agreement will remain in effect with respect to your past and future use of any Apps and/or Services. Any rights to your account terminate upon your death.

Children Under the Age of 13

The Apps and Services are not directed to children under the age of 13. Limpopo Technology Sdn Bhd does not knowingly collect personally identifiable information from children under the age of 13 via the Apps and/or Services.

Fees

You acknowledge that Limpopo Technology Sdn Bhd reserves the right to charge fees for any portion of Apps and/or Services. Limpopo Technology Sdn Bhd will provide you with advance notice of any such fees, including any change in the amount of such fees. Your continued use of any Apps and/or access to and/or use of Services after such a notification will be deemed to constitute acceptance of the changes notified. If you disagree with the fees or any change in the amount of the fees, you may terminate the Agreement by sending an email to info@limpopotech.com. If Limpopo Technology Sdn Bhd suspends or terminates your account and/or access to the Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing App Services or Products

You must be at least the age of majority in your jurisdiction of residence to make a purchase within any Apps and/or Services. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. In connection with a purchase of, or if you otherwise acquire, any service or product through or within any App and/or Service (each, an “App Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, "Personal Financial Information”), to an independent third party selected by, but not affiliated with, Scopely (the “Processor”). You acknowledge that Processor may be located outside of the country or jurisdiction in which you reside. Such countries or jurisdictions may include, but are not limited to, US, Canada, EEA, Japan, China, Korea and other Asian countries. Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for App Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor and you agree to comply with such policy(ies). If you make a purchase within the Apps and/or Services, you are representing and warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor.

LIMPOPO TECHNOLOGY SDN BHD MAKES NO WARRANTY, AND TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, RELATING TO OR IN CONNECTION WITH YOUR PLACEMENT OF AN ORDER FOR AN APP PRODUCT WITH THE PROCESSOR. LIMPOPO TECHNOLOGY SDN BHD PROVIDES NO REFUNDS FOR, MAKES NO WARRANTY FOR, AND TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ACCEPTS NO LIABILITY REGARDING PURCHASES YOU MAKE WITHIN ANY APPS AND/OR SERVICES. THERE IS NO 7-DAY COOLING OFF PERIOD. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TRANSACTIONS UTILIZING YOUR PERSONAL FINANCIAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CHARGES. ACCORDINGLY, YOU AGREE THAT LIMPOPO TECHNOLOGY SDN BHD IS NOT OBLIGATED TO GRANT ANY REQUEST FOR A CHARGEBACK AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT LIMPOPO TECHNOLOGY SDN BHD MAY SUSPEND AND/OR TERMINATE YOUR ACCOUNT AND/OR ACCESS TO AND/OR USE OF THE SERVICES IF YOU MAKE ANY SUCH REQUEST. YOU MUST CONTACT THE PROCESSOR WITH ANY CHARGEBACK REQUESTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT PROCESSOR EXPERIENCES A DATA BREACH THAT AFFECTS YOUR PERSONAL FINANCIAL INFORMATION, SCOPELY WILL IN NO WAY BE RESPONSIBLE OR LIABLE TO YOU FOR ANY SUCH BREACH.

Limpopo Technology Sdn Bhd will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor as per the Processor’s policy governing such Personal Financial Information.

The purchase or redemption of App Products may be subject to SST. The purchase or redemption of App Products may be subject to VAT or GST in countries outside of Malaysia. All sales and redemptions of App Products are final.

Virtual Currency

You acknowledge that the Apps and/or Services may include a component of fictional credits, points or currency (collectively, "Virtual Currency"). Virtual Currency may be purchased in the Apps and/or Services and may be awarded to end users for free in connection with certain promotional offerings within the Apps and/or Services. Additionally, you may be given the opportunity to acquire game cards which may be used to redeem Virtual Currency. The Virtual Currency may be used exclusively within the Apps and/or Services to gain access to--and certain limited rights to use--Virtual Items (as defined below) for use exclusively in connection with the Apps and/or Services. Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under this Agreement, and is not redeemable for any sum of money or monetary value from Limpopo Technology Sdn Bhd or any other person or entity at any time. Virtual Currency provided by Limpopo Technology Sdn Bhd includes only a limited license right to use such Virtual Currency in connection with the Virtual Items. You may be permitted to donate (i.e., give for free) some Virtual Currency to other end users as part of the Apps and/or Services. However, selling, donating or otherwise transferring Virtual Currency and/or Virtual Items in exchange for real world money or monetary value is not allowed. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency in connection with the Apps and/or Services, you agree that you have no right, title or ownership in or to any such Virtual Currency. Each type of Virtual Currency is separate and cannot be converted into another Virtual Currency. Virtual Currency cannot be transferred between accounts, including accounts owned by the same end user. If you purchase Virtual Currency from or use third-party platforms (such as Facebook Credits) in connection with the Apps and/or Services, you are agreeing to such third party’s terms of service, including without limitation any payment terms, and privacy policies, and acknowledge that Limpopo Technology Sdn Bhd is not a party to any such transactions. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND VIRTUAL ITEMS ARE NOT LEGAL TENDER AND HAVE NO REAL WORLD VALUE AND THAT NEITHER SCOPELY NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED FOR ANY OR NO REASON OR IF YOUR RIGHT TO ACCESS THE SERVICES IS TERMINATED FOR ANY OR NO REASON, THE VIRTUAL CURRENCY, VIRTUAL ITEMS AND YOUR ACCOUNT SHALL HAVE NO REAL WORLD VALUE.

Limpopo Technology Sdn Bhd reserves the right to charge fees for the right to access or use Virtual Currency or Virtual Items, as described in the “Purchasing App Services or Products” section above, and/or may distribute Virtual Currency or Virtual Items without charge, in its sole discretion. For example, Limpopo Technology Sdn Bhd, as part of a sweepstakes or promotion, may provide individuals with a certain amount of Virtual Currency and/or a certain Virtual Item. Virtual Currency and Virtual Items will not expire and will not incur fees for non-use unless specifically disclosed at the time of purchase. Limpopo Technology Sdn Bhd reserves the right to terminate your access to the Virtual Currency in your account if Limpopo Technology Sdn Bhd determines, after investigation, that you have used the Virtual Currency in connection with any fraudulent or illegal activity or in contravention of this Agreement.

Virtual Items

The Apps and/or Services may include a variety of virtual items (“Virtual Items”), which are digital objects such as energy, heroes, buildings, items resources, etc. that end users can acquire and use in the Apps and/or Services. Please note that Virtual Items are not chattel and you do not acquire any ownership rights in the Virtual Items. When you purchase or otherwise acquire any Virtual Item in any App and/or Service, Limpopo Technology Sdn Bhd is providing you a limited license to use the Virtual Item in such App for personal, non-commercial purposes. Limpopo Technology Sdn Bhd may sell Virtual Items in the Apps and/or via the Services. Virtual Items may be exchanged for Virtual Currency at Limpopo Technology Sdn Bhd’s sole and absolute discretion. Please note that not all Virtual Items are available for purchase. Some Virtual Items can be acquired only through gameplay (e.g., by completing quests, spending certain points or in-game currency, etc.) or through certain promotional offers. Limpopo Technology Sdn Bhd reserves the right to add, modify, remove, suspend and reintroduce Virtual Items in the Apps and/or Services, and to change the prices and/or difficulty of obtaining Virtual Items, at any time in its sole and absolute discretion. Such changes may impact the effectiveness, functionality, and/or commonalty of the Virtual Items. As a result, the desirability of a Virtual Item may significantly increase or diminish over time. By purchasing a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against Limpopo Technology Sdn Bhd based on the actual or perceived value, or change in value, of a Virtual Item. Some Virtual Items may be tradable to other end users as part of the Apps. However, selling or otherwise transferring Virtual Items in exchange for real world money or monetary value is not allowed. Virtual Items acquired through the in-game marketplace are non-refundable, have no real world value and are not redeemable and/or refundable for any sum of money or monetary value from Limpopo Technology Sdn Bhd.

Limited Content License

The Apps and Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) owned by Limpopo Technology Sdn Bhd, its licensors, or assignors (“Limpopo Technology Sdn Bhd Content”), as well as Content provided by end users or other third parties. Content contained in the Apps and/or Services is protected by copyright, trademark, patent, trade secret and other Applicable Laws and, as between you and Limpopo Technology Sdn Bhd, its licensors, or its assignors, own and retain all rights in the Limpopo Technology Sdn Bhd Content. Limpopo Technology Sdn Bhd hereby grants you a limited, personal, revocable, non-sublicensable, non-transferrable, non-exclusive license to access and display or perform the Limpopo Technology Sdn Bhd Content (excluding any software code) solely for your personal, non-commercial use in connection with your use of the Apps and/or Services for which Limpopo Technology Sdn Bhd intended such Limpopo Technology Sdn Bhd Content to be used. Except as provided in this Agreement, you may not copy, download, stream, capture, reproduce, duplicate, decompile, reverse engineer, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Apps and/or Services. Except as expressly provided in this Agreement, you may not use Limpopo Technology Sdn Bhd’s trade names, trademarks or service marks.

Except as expressly permitted by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Limpopo Technology Sdn Bhd Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, obscure, interfere with, or circumvent, in whole or in part, any copyright, trademark, or other proprietary notice, legend, symbol, or label marked on the Content contained in the Apps, Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Apps and/or Services, including geo-filtering mechanisms. To the maximum extent permitted by Applicable Law, and except as necessary in order to make reference to Limpopo Technology Sdn Bhd, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Limpopo Technology Sdn Bhd Content in any manner.

You may not, without Limpopo Technology Sdn Bhd’s express written permission, “mirror” on any other server any Content contained in any Apps and/or Services. You may not use any Apps and/or Services for any purpose that is unlawful or prohibited by the Agreement. You may not use any Apps and/or any Services in any manner that could damage, disable, overburden, or impair any Apps and/or any Services, or interfere with any other party’s use and enjoyment of any Apps and/or any Services. You may not attempt to gain unauthorized access to any Apps and/or any Services through hacking, password mining or any other means. Limpopo Technology Sdn Bhd reserves the right, in its sole discretion, to terminate your access to any Apps and/or any Services, or any portion thereof, at any time to the fullest extent permitted by Applicable Law. All rights not expressly granted to you hereunder are reserved to Limpopo Technology Sdn Bhd and Limpopo Technology Sdn Bhd’s licensors.

Restrictions on Use of the Apps and Services

You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Apps or on, through or in connection with the Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.

You are solely responsible for any violation of any Applicable Law that results from your failure to abide by this Agreement. You hereby agree not to (and not to assist others to) use any Apps and/or Services to:

Limpopo Technology Sdn Bhd reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Limpopo Technology Sdn Bhd, in Limpopo Technology Sdn Bhd’s sole discretion and without notice to you. You acknowledge that Limpopo Technology Sdn Bhd reserves the right to investigate and take appropriate legal action against anyone who, in Limpopo Technology Sdn Bhd’s sole discretion, violates this Agreement, including but not limited to, terminating their end user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that Limpopo Technology Sdn Bhd may access, preserve or disclose information you provide to any of the Apps and/or Services, including User Content and your account registration information, including when Limpopo Technology Sdn Bhd has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Limpopo Technology Sdn Bhd or its employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of end users of any of the Apps and/or Services, or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Limpopo Technology Sdn Bhd sells all or part of its business or makes a sale or transfer of its assets or its otherwise involved in a merger or transfer of all or part of its business, Limpopo Technology Sdn Bhd may assign this Agreement with you to the party(ies) involved in the transaction, including, without limitation, all of the rights and licenses to use the User Content and information that you provide in connection with your use of the Apps and/or Services. Your legal and contractual rights will not be affected by such assignment.

Limpopo Technology Sdn Bhd reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Limpopo Technology Sdn Bhd assumes no responsibility for any loss of your User Content due to its being removed by Limpopo Technology Sdn Bhd or for any other reason.

You understand and agree that when you use any of the Apps and/or Services, this can and may involve software functions designed to detect cheating or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to any of the Apps and/or Services, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Apps and/or Services. If unauthorized or malicious programs are detected, the Apps and/or Services may also communicate to Limpopo Technology Sdn Bhd the end user’s account and identifying information and information about the unauthorized or malicious program in use.

User Content on Message Boards and Forums

Certain Apps and/or Services may offer end users the ability to post messages on message boards and forums (collectively, “Forums”), which may be open to the public generally, to all members of such Apps and/or Services, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Limpopo Technology Sdn Bhd reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for violating any of the rules and restrictions on User Content set forth above, in Limpopo Technology Sdn Bhd’s sole discretion and without notice to you.

You acknowledge that messages posted on such Forums are public, and Limpopo Technology Sdn Bhd cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk with no expectation of privacy. Limpopo Technology Sdn Bhd is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.

Your Proprietary Rights in and License to Your User Content

Limpopo Technology Sdn Bhd does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with any of the Apps and/or Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Limpopo Technology Sdn Bhd Content. By posting or transmitting any User Content on, through or in connection with any of the Apps and/or Services, you hereby grant to Limpopo Technology Sdn Bhd and its licensees, assignees, and authorized end users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including a waiver of any moral rights you may have) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness (including, but not limited to, photographs and avatars) and other personally identifiable information to the extent that such information is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for all purposes to the extent necessary to provide you with the Apps and/or Services, and/or the legitimate business purposes of Limpopo Technology Sdn Bhd. Additionally, Limpopo Technology Sdn Bhd is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any and all purposes, including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including the Apps and Services. Limpopo Technology Sdn Bhd’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby authorize Limpopo Technology Sdn Bhd to execute any document or take any action Limpopo Technology Sdn Bhd may consider appropriate in order to confirm the rights granted by you to Limpopo Technology Sdn Bhd in this Agreement.

You hereby represent and warrant that the following rules and prerequisites must be complied with for the use of the Apps and Services: (i) you own the User Content Transmitted by you on, through or in connection with the Apps and/or Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Apps, Services and Third Party Services (as defined below) does not violate the privacy [rights], publicity, intellectual property, contract and/or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use in accordance with the provisions of this Agreement of any User Content Transmitted by you on or through the Apps, Services and/or Third Party Services.

If you delete your User Content from the Apps and/or Services, Limpopo Technology Sdn Bhd’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in Limpopo Technology Sdn Bhd’s back-up copies of the App and/or Services, which are not publicly available. Account deletion does not include chat history deletion. Furthermore, to the extent that Limpopo Technology Sdn Bhd made use of your User Content before you deleted it, Limpopo Technology Sdn Bhd will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Apps and/or Services will not result in, and Limpopo Technology Sdn Bhd assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from Apps and Services, and (ii) termination of your account or your use of the Apps and Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

Removal of Material that Infringes Copyrights

Limpopo Technology Sdn Bhd respects the intellectual property rights of others and requires that our end users do the same. Limpopo Technology Sdn Bhd has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Services who are infringers. Limpopo Technology Sdn Bhd also reserves the right to remove or disable access to any transmission of Content that infringes the intellectual property rights of any person under Applicable Law.

If you believe material on the Services infringes your copyright.

If you believe that any material residing on or linked to from any Service infringes your copyright, you must send Limpopo Technology Sdn Bhd 's designated Copyright Agent (identified below) a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the specific Limpopo Technology Sdn Bhd Service (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Please send notify Limpopo Technology Sdn Bhd at the following address or by email (subject line “Copyright Infringement”): A-37-8, Menara UOA Bangsar, 5, Jalan Bangsar Utama 1,59000 Kuala Lumpur; info@limpopotech.com

Your Exposure to Others’ User Content

You understand that Limpopo Technology Sdn Bhd does not control the User Content posted by end users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Limpopo Technology Sdn Bhd assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Services, including in violation of any “Restrictions on Use of Services,” please report it immediately to Limpopo Technology Sdn Bhd at info@limpopotech.com. Limpopo Technology Sdn Bhd assumes no responsibility for monitoring the Services for inappropriate User Content or end user conduct. If at any time, Limpopo Technology Sdn Bhd chooses in its sole discretion to monitor the Services, Limpopo Technology Sdn Bhd nonetheless assumes no responsibility for Content other than Limpopo Technology Sdn Bhd Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any end user.

Third Party Links and Services

The Apps and/or Services may provide, or third parties may provide, links to or feeds from other websites, applications, advertisements, resources or other services created by third parties (“Third Party Services”). Except as otherwise expressly stated by us in the Apps and/or Services, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from any of the Apps and/or Services. When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Limpopo Technology Sdn Bhd. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Limpopo Technology Sdn Bhd encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Limpopo Technology Sdn Bhd expressly disclaims any responsibility for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Services does not imply approval or endorsement of the Third Party Service. Limpopo Technology Sdn Bhd is not responsible for the content or practices of any websites or applications other than the Apps and Services, even if the website or application provides links to the Apps and/or Services, and even if it is operated by an Limpopo Technology Sdn Bhd Affiliate, business partner or other company otherwise connected with any of the Apps and/or Services. By using any of the Apps and/or Services, you acknowledge and agree that Limpopo Technology Sdn Bhd is not responsible or liable to you for any content or other materials hosted and served from any website or application other than the Apps and/or Services. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Member Disputes

You are solely responsible for your interactions with other end users of the Apps and/or Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with any of the Apps and/or Services. Limpopo Technology Sdn Bhd reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

Privacy

Use of the Apps and Services is also governed by the Privacy Policy, which is incorporated into and is a part of this Agreement by this reference.

Disclaimers

THE APPS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND SCOPELY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APPS AND/OR SERVICES AND/OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCOPELY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE APPS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIMPOPO TECHNOLOGY SDN BHD MAKES NO WARRANTY THAT YOUR USE OF THE APPS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE LIMPOPO TECHNOLOGY SDN BHD APPS AND/OR SERVICES WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, LIMPOPO TECHNOLOGY SDN BHD OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIMPOPO TECHNOLOGY SDN BHD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE APPS AND/OR SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE APPS AND/OR SERVICES, ATTENDANCE AT A LIMPOPO TECHNOLOGY SDN BHD EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE APPS AND/OR SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE APPS AND/OR SERVICES, OR THE CONDUCT OF ANY END USERS OF THE APPS AND/OR SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPS AND SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE APPS AND SERVICES.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIMPOPO TECHNOLOGY SDN BHD AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “LIMPOPO TECHNOLOGY SDN BHD ENTITIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPS AND/OR SERVICES. NONE OF THE SCOPELY ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE LIMPOPO TECHNOLOGY SDN BHD ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY SCOPELY ENTITY(IES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ANY OF THE APPS AND/OR SERVICES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO ANY AMOUNT AS STATED BY THE FEDERAL LAW. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAISNT ANY LIMPOPO TECHONOLOGY SDN BHD ENTITY(IES) WITH RESPECT TO THE USE OF OR ACCESS TO ANY OF THE APPS AND/OR SERVICES ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF SCOPELY’S ACTS OR OMISSIONS OR YOUR ACCESS TO AND/OR USE OF ANY OF THE APPS AND/OR SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS AND/OR USE ANY PORTION OF ANY OF THE APPS AND/OR SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIMPOPO TECHNOLOGY SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

United States Jurisdiction

Limpopo Technology Sdn Bhd provides the Apps and Services in Malaysia. Limpopo Technology Sdn Bhd does not represent that the Apps, Scopely Content and/or the Services are appropriate (or, in some cases, available) for use in other locations. If you use the Apps and/or the Services from a jurisdiction other than Malaysia, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Apps and/or Services.

Not all of the App Products are available worldwide or nationwide, and Limpopo Technology Sdn Bhd makes no representation that you will be able to obtain any App Product in any particular jurisdiction, either within or outside of Malaysia.

Arbitration Agreement

(1) To the fullest extent permitted by Applicable Law, Limpopo Technology Sdn Bhd and its agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Limpopo Technology Sdn Bhd, regarding any aspect of your relationship with Limpopo Technology Sdn Bhd, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Limpopo Technology Sdn Bhd agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Limpopo Technology Sdn Bhd, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and Limpopo Technology Sdn Bhd in any way related to or concerning this Arbitration Agreement, any other aspect of this Agreement (including their applicability and their conformance to Applicable Law), any products or services provided by Limpopo Technology Sdn Bhd, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Limpopo Technology Sdn Bhd retains the right to sue in small claims court and (ii) each of you and Limpopo Technology Sdn Bhd may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Limpopo Technology Sdn Bhd also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Limpopo Technology Sdn Bhd. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

Governing Law

To the fullest extent permitted by Applicable Law, the Agreement will be governed by, and construed in accordance with, the Federal Laws of the Malaysia, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement and to the fullest extent permitted by Applicable Law, you and Limpopo Technology Sdn Bhd agree to submit to the exclusive jurisdiction of the courts located in Malaysia to resolve any Dispute arising out of the Agreement, Apps and/or Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APPS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity

You agree to indemnify and hold Limpopo Technology Sdn Bhd Entities harmless from and against any and all loss, liability, claim, demand, or expense including, but not limited to, reasonable attorneys' fees, incurred in connection with or in any way relating to any claim arising out of any breach by you of this Agreement or arising out of or in connection with your misuse of the Apps and/or Services (including, without, limitation, any use of your account, whether or not authorized by you), your violation of any rights of another or any Content that you Transmit through the Services. You also agree to release and discharge the Limpopo Technology Sdn Bhd Entities from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use or inability to use the Apps and/or any of the Services.

Unsolicited Submissions

Limpopo Technology Sdn Bhd does not knowingly accept, via any of the Apps and/or Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Limpopo Technology Sdn Bhd requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Limpopo Technology Sdn Bhd creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Limpopo Technology Sdn Bhd via any of the Apps and/or Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Limpopo Technology Sdn Bhd; (ii) any such unsolicited submissions and all intellectual property rights therein become the sole property of and will be solely owned by Limpopo Technology Sdn Bhd (and are not User Content licensed by you to Limpopo Technology Sdn Bhd under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Limpopo Technology Sdn Bhd sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Limpopo Technology Sdn Bhd relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

The failure of Limpopo Technology Sdn Bhd to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by Applicable Law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Limpopo Technology Sdn Bhd relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Limpopo Technology Sdn Bhd relating to such subject matter.

You agree that any notices the Limpopo Technology Sdn Bhd may be required by Applicable Law to send to you will be effective upon Limpopo Technology Sdn Bhd’s sending an e-mail message to the e-mail address you have on file with Limpopo Technology Sdn Bhd or publishing such notices on the informational page(s) of the Apps and/or Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Limpopo Technology Sdn Bhd as a result of this Agreement or your use of any of the Apps and/or Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits Limpopo Technology Sdn Bhd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of any of Apps and/or Services or information provided to or gathered by us in connection with such use.

Please contact us at info@limpopotech.com with any questions regarding this Agreement.

I HAVE READ THIS TERMS OF USE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Country: Malaysia (MY)

Version 1.0

Last Updated 16 June 2020

Let’s Gold and download now.

More about us