This website use agreement is made and entered into by and between Streamline Studios Malaysia Sdn. Bhd. (hereinafter, “Streamline”) , licensee of the brand Eye For Games from licensor Streamline East Limited , or (“We”) or (“Us”), and you (“You”) or (“Your”), being the individual who reads and agrees to be bound by these terms and conditions and if you access the Eye For Games website and any services provided through the Eye For Games website, collectively (the “Sites”), on behalf of a legal entity it is you and such legal entity on whose behalf you access the Sites, as of the date your first access and use (the “Effective Date”) the Sites.
This website use agreement informs you of the terms, conditions, disclaimers, notices and policies, collectively (the “Terms”) that apply to your use of the Sites, which are the exclusive property of Streamline East Limited and is licensed to Streamline. By accessing, browsing and/or using the Sites you signify to Us that you have read, understood and that you agree to be bound by the Terms and all applicable laws and regulations. If you do not agree to the Terms, you must not access, browse and/or use the Sites.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, that you are using the Sites under the active supervision of a parent, legal guardian, or other responsible adult.
OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the Sites, are the legally protected property owned or licensed by Streamline. The trademarks displayed on the Sites are the trademarks and registered of their respective owners. All rights are protected under applicable copyright and trademark laws. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Streamline or the respective owners of such copyrighted property or trademarks. As a condition of your use of the Sites, you agree that use of, participation in, or reliance on any content or feature of the Sites confers no rights or expectations on your behalf. All content and materials provided on the Sites are intended for general information, general discussion, education, news sharing and entertainment purposes only.
YOUR CONTENT IN OUR SITES
Some of our Sites allow you to upload, submit, or send content. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Sites.
By submitting User Generated Content for publication on the Sites, you grant the Sites the right to use, copy, distribute and disclose to third parties any such content for any purpose.
By submitting User Generated Content, you warrant and represent that you own or otherwise control all of the rights to your content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, grant the license as above-mentioned and for us to post, upload, cross-post and cross-upload the content.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
You further understand and agree that User Generated Content posted to the Sites will be made available for the public to access, view, and use under the license described above. Specifically, you understand that if you submit content on the Sites, it will be visible to anyone in the public.
You understand and agree that we may monitor User Generated Content on the Sites, and that we reserve the right to modify, edit, remove or not to publish your content at our sole discretion, without notice, if, in our opinion, your post does not comply with the provisions of these Terms. We assume no responsibility for monitoring, modifying, removing, or declining to publish User Generated Content.
MODIFICATION OF TERMS
Streamline reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. You are responsible for regularly reviewing the Terms. Your continued use of the Sites constitutes your acceptance of any modification that may be made.
Notices can be sent by e-mail to: firstname.lastname@example.org
ACCESS TO THE WEBSITE
Streamline reserves the right, at its sole discretion, to restrict or terminate your access to the Sites without notice or liability of any kind to you and for any reason whatsoever.
Since Streamline respects artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing to the Designated DMCA Agent listed below:
- An electronic or physical signature of a person or entity authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Sites;
- Information reasonably sufficient to permit Streamline to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is our policy:
- To remove or disable access to the infringing material;
- To notify the contributor of such content that we have removed or disabled access to the material;
- That repeat offenders will have the infringing material removed from the system and that we will terminate such contributor’s access to the Sites.
If the contributor believes that the material that was removed (or to which access was disabled) is not infringing, or believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the contributor must send a counter-notice containing the following information to the Designated DMCA Agent listed below:
- A physical or electronic signature of the contributor;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Sites before such removal or disabling;
- A statement that the contributor has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material;
- Contributor’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction stated in the Terms.
The above information must be submitted to the following Designated DMCA Agent:
Streamline Studios Malaysia Sdn. Bhd.
Attn.: Anais Jansen Fernandez
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Streamline that your copyrighted material has been infringed. The preceding requirements are intended to comply with Streamline rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws
You may not use the Sites for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of the Sites or which infringes the rights of Streamline or others. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or that interferes with any other party’s use and enjoyment of the Sites.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Streamline reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any of our server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, ALL MATERIALS ON THE SITES, AND ALL PRODUCTS AND SERVICES OFFERED VIA THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAMLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER STREAMLINE NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STREAMLINE NOR ANY OF ITS RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SITES, OR SERVICES OR MATERIALS ON THE SITES WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM THAT RESULT FROM THE USE OF THE SITES. STREAMLINE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SITES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STREAMLINE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR MATERIALS OR FUNCTIONS ON THE SITES, REGARDLESS OF WHETHER STREAMLINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION SHALL LIMIT STREAMLINE LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM STREAMLINE PROVEN NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICCABLE LAWS.
You hereby agree to indemnify and hold harmless Streamline, its affiliates, officers, directors, and agents, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of the Terms.
This Agreement is governed by the laws of Malaysia. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Kuala Lumpur, Malaysia, in all disputes arising out of or relating to the Terms or your use of the Sites and waive any objection on the grounds of venue or forum of convenience or any similar ground. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Streamline as a result of the Terms or use of the Sites. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. You may not assign any rights under the Terms without the prior consent of Streamline. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Streamline with respect to the Sites. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Streamline with respect to the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other (business) documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All content of the Sites is Copyright © 2016, or the respective copyrights of its suppliers. All trademarks on the Sites are the trademarks of their respective owners. All rights not expressly granted by the Terms are reserved.
Eye For Games, licensed by Streamline Studios Malaysia Sdn. Bhd.
The Terms were last updated on 7 December 2016