Last updated on September 4, 2024
This User License Agreement is a legally binding agreement between you and OCEANONE LIMITED and its affiliates (defined below) ("OCEANONE LIMITED", "we", "our" or "us"). By installing, using or otherwise accessing our Services, you agree to the terms and conditions of the Agreement. If you do not agree to any of the terms of this Agreement, please do not install, use or otherwise access our Services. Your right to use our Services is subject to your compliance with all terms and conditions set forth herein.
This Agreement is written in English. If any translated version conflicts with the English version, the English version shall prevail.
This Agreement specifically applies to:
- registration and use of your Account (defined below);
- your downloading, installation and/or use of our Games;
- your access to the services we provide in connection with the Software (the "Services");
- any Virtual Goods and Virtual Currency (defined below); and
- any other text, images, graphics, photos, sounds, music, videos, audio-visual combinations, interactive content, and any other media, content or information that may be made available to you through the Services (collectively, the "Content" and together with the Software, Services, Virtual Goods, Virtual Currency, the "Licensed Items").
You may only use the Licensed Items if:
- you are a "natural person" (companies, limited liability companies, partnerships and other legal persons or business entities may not use Licensed Items) and you are not an individual expressly prohibited by us from using the Licensed Items;
- if you agree to this Agreement;
- if you can lawfully enter into this Agreement with us in accordance with applicable laws and regulations; and
- if applicable laws and regulations permit you to use the Licensed Items in your location when you use the Licensed Items.
You must comply with this Agreement when using the Licensed Items and use the Licensed Items only to the extent permitted by applicable laws and regulations, regardless of where you are when you use the Licensed Items. Please review this Agreement and our policies and instructions to understand how you may and may not use the Licensed Items.
If you are under 13 years of age, you may not open an Account and may not use any Licensed Items. If you are not an "adult" (as defined in the applicable jurisdiction in which you reside), your parent or guardian must agree to this Agreement (on their own behalf and on your behalf) before you can use your Account or any Licensed Items. If you are a parent or guardian, you will accept responsibility for the users of your Account and the Licensed Items, including, without limitation, any payments, fees, and charges associated with the Licensed Items, and if our Services are not suitable for minors under the applicable game rating system, you will be responsible for monitoring and controlling access to our Services by minors.
Changes to the Licensed Items, this Agreement, and the Privacy Policy
We may make changes to this Agreement over time, so please check back to review those changes.
In addition, we may from time to time (to the extent permitted by applicable laws and regulations) add, change, or remove features of the Licensed Items (whether or not any particular Licensed Item is free), or suspend or terminate use of the Licensed Items altogether.
If you continue to use the Licensed Items after we make any changes to this Agreement, with or without notice from us, you agree to be bound by the revised Agreement.
License to Use the Licensed Items
The Licensed Items are our property and the property of our licensors. They are protected by copyright and other intellectual property laws around the world, as described in the "Our Intellectual Property" section below.
Software License
Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable (except as provided below), and revocable license to:
- Use the Software in object code format solely on your own devices for your personal and non-commercial use and in accordance with any instructions, user guides, FAQs or other requirements we may specify from time to time ("Instructions") and this Agreement; and
- Use the Services, subject to the "Services License" section below.
Services License
If the Services are provided as part of your use of the Software under this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable license to use the Services in accordance with the Instructions and this Agreement.
You may create certain content in the Services, such as game videos or other game characters. Such content is subject to the "Your Content" section below.
Content License
Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the methods provided in the Software or related services.
Your Content
When you submit, upload, transmit or display any data, information (except your personal information, which we will collect, use and store in accordance with the terms of our Privacy Policy), media or other content in connection with your use of our Services ("Your Content"), you understand and agree that:
(1) you will continue to own and be responsible for Your Content;
(2) you grant us and our affiliates the right to use Your Content (without any fees or charges to you), including without limitation the right to create derivative works, publicly display, reproduce and publicly perform Your Content, for the purpose of providing, promoting, developing and attempting to improve our Services, including without limitation the services to which you submitted Your Content and any other services we may offer now or in the future;
(3) we may use the name you submit in connection with Your Content (whether your account name, real name or other name);
(4) in connection with using Your Content for these purposes, we and our affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and in all distribution methods, including without limitation methods developed in the future, provided that such Content is incorporated into your use of our Services;
(5) We may share your Content with third parties we work with to help provide, promote, develop and improve our Services, but we will not sell your Content to such third parties (except our Affiliates) for their own use (i.e., for any purpose unrelated to our Services); and
(6) you will comply with the Instructions and this Agreement when submitting your Content.
With respect to a legal entity (such as a corporation, partnership or limited liability company), “Affiliate” means any other legal entity that controls, is controlled by or is under common control with such legal entity. For purposes of this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
In addition, you agree that we and our affiliates (subject to this Agreement, our Privacy Policy, and applicable laws and regulations):
- We are permitted to retain and continue to use your content after you stop using our Services - for example, when you share your content with other users of our Services;
- Your content may need to be preserved or disclosed to comply with applicable laws or regulations, or to comply with a court order, subpoena, or other legal process, or we and our affiliates may need to disclose your content in response to a lawful request from a governmental agency, law enforcement agency, or similar agency (whether located in your jurisdiction or elsewhere); and
- Your content (including, but not limited to, any information associated with your account) may need to be disclosed to enforce this Agreement, protect our rights, property, or safety, or the rights, property, or safety of our affiliates or other users of our Services.
You understand that even if you want to remove your content from our Services, it may take some time or be impossible to do so for technical and administrative reasons - for example, we may not be able to prevent any third party from storing or using any of your content that you make public through our Services.
We reserve the right to block or delete your content for any reason, including, but not limited to, reasons we deem appropriate or required by applicable laws and regulations.
Responsibility for Your Content
You are solely responsible for Your Content, and we recommend that you always keep backups of it. You must always ensure that: (i) you have the necessary rights to submit, transmit or display Your Content and grant us the rights set forth in this Agreement; and (ii) Your Content (and our use of Your Content under this Agreement) does not infringe or violate the rights of any person or otherwise violate any applicable laws or regulations.
Monitoring and Prohibited Activities
We have no obligation to monitor Your Content, and we are not responsible for monitoring the Services for inappropriate or illegal content or conduct by other players. However, we reserve the right, at our sole discretion, to monitor and/or record your interactions with the Services and other players (including, but not limited to, chat text and voice communications) when you use the Services.
You agree not to engage in any of the following prohibited activities on or in connection with our Services, or allow anyone to use your account to engage in such activities:
(1) Impersonate any person or misrepresent your affiliation with any person or entity when registering an account (including, without limitation, creating a false account name or accessing another user's account), or in any communication or sharing or posting any content or information using our Services;
(2) Engage in name squatting through your account name, infringe any intellectual property or other rights of any third party;
(3) Send any unsolicited, unauthorized spam (such as spam comments on our social media services), advertising or promotional messages, or any other commercial communications;
(4) Use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this Agreement or as authorized by us from time to time, including, without limitation, any of the following activities:
- Use our Services in connection with any e-sports or team competition sponsored, promoted, or facilitated by any commercial or non-profit entity;
- Post about products or services offered by you or a company in which you have a direct or indirect interest;
- Post about products or services that directly compete with products or services offered by you or a company in which you have a direct or indirect interest;
- Posting (whether written by you or anyone else) in exchange for monetary or other benefits or compensation from any third party;
- Posting information about the product or shipping availability of third-party suppliers, whether or not such third parties compete with us; or
- Posting any other postings not made in good faith;
(5) Submitting, uploading, transmitting or displaying any content through our Services (whether or not publicly displayed, whether or not displayed directly or indirectly to other users) that actually or in our reasonable opinion:
- Violates any law or regulation (or may cause violation of any law or regulation when used in a manner permitted by this Agreement);
- Creates a risk of loss or damage to any person or property;
- Is fraudulent, false, misleading or deceptive;
- Harms or exploits any person (whether adult or minor) in any way, including, without limitation, through bullying, harassment or threats of violence;
- Is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating (publicly or otherwise), threatening, profane or otherwise objectionable;
- Promotes or encourages self-harm;
- Violates our rights or the rights of any third party, including, without limitation, any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
- Obscene, sexually explicit, violent or otherwise indecent or offensive; or
- encourages or may encourage any of the above;
(6) violates any applicable law or regulation, including but not limited to credit card fraud or bank account fraud;
(7) engages in any illegal or potentially illegal (as determined by us) activity or transaction, including but not limited to the sale of any illegal drugs or money laundering;
(8) gambles, provides gambling information or induces others to gamble by any means;
(9) uses or exploits any of our intellectual property rights (including but not limited to our trademarks, brand names, game character designs, music, images, videos, storylines, logos, domain names, unique brand features and any other of our proprietary information or the layout or design of any page), or otherwise infringes any of our intellectual property rights (including but not limited to attempting to reverse engineer any application or software used to access our services);
(10) access any of our Services, collect or process any content available through our Services, send or redirect any communications through our Services, in each case, by using any automated robot, software, engine, crawler, data mining tool or similar tool, or attempt to do any of the foregoing, including, without limitation, using any automated means to artificially promote any content;
(11) engage in any "framing," "mirroring," or other techniques designed to simulate the appearance or functionality of our Services;
(12) interfere or attempt to interfere with any user or any other party's access to our Services;
(13) intentionally transmit viruses, worms, Trojan horses, corrupted files, or other malicious code or items;
(14) use our Services to share or publish personally identifiable information about others without their express consent;
(15) probe or test the vulnerability of our Services, our systems, or the systems of other users, or otherwise circumvent (or attempt to circumvent) any security features;
(16) engage in any other activity that encourages any person or entity to violate this Agreement. Restrictions on Your Use of the Licensed Items
You may not, and may not allow anyone else to:
(1) use the Licensed Items in any manner or for any purpose that violates the terms of this Agreement or any applicable law or regulation;
(2) use the Licensed Items to gain unauthorized access to any system, account or data;
(3) sublicense, rent, lease or sell the Licensed Items;
(4) charge fees, directly or indirectly, to others for the use of or access to the Licensed Items;
(5) directly or indirectly imply that we endorse or approve any product, service or content (including, without limitation, any personal website);
(6) transmit unauthorized communications, including, without limitation, junk mail or spam, through the use of the Licensed Items;
(7) publish or make the Licensed Items available on any network for copying, downloading or use by any person;
(8) remove, obscure or alter any copyright, trademark or other proprietary rights notices, marks or indicators in or on the Licensed Items;
(9) misrepresent the origin or ownership of the Licensed Items;
(10) Copy, reproduce, adapt, modify, translate or create derivative works of the Licensed Item, lend, rent, lease, perform, sublicense, make available to the public, broadcast, distribute, transmit or use the Licensed Item in whole or in part in any manner not expressly permitted by this Agreement, or attempt to do any of the foregoing;
(11) attempt to damage or interfere with the Licensed Item, including, without limitation, manipulating the legitimate operation of the Licensed Item;
(12) use cheats, exploits, automation software or any unauthorized third-party software to modify or interfere with the Licensed Item;
(13) damage or overburden any computer or server used to provide or support the Licensed Item or other users' use of the Licensed Item; or
(14) develop any plug-in, external component, compatible or interconnect element or other technology that interoperates with the Licensed Item, unless we expressly allow you to do so through our Softwaredo (in which case your use of such software may be subject to additional terms and conditions notified to you by us).
Please note that there may be technological measures in the Licensed Items that are designed to prevent unlicensed or unauthorized use of the Licensed Items or use of the Licensed Items in violation of the Terms or this Agreement. You agree that we may use these measures and that you will not attempt to disable or circumvent them in any way.
Installation and Use
You must ensure that your device meets the requirements for installation and use of the Licensed Items set forth in the Instructions, including, without limitation, any requirements for operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may need to activate the Licensed Item or certain features therein as described in the applicable Instructions. If you do not follow the installation instructions, you may not be able to use the Licensed Item or certain features may not be available. Your use of the Licensed Items may require an Internet connection in order to authenticate the Licensed Items or perform other functions. You may need to obtain and maintain an adequate Internet connection in order to achieve the intended functionality and/or performance of the Licensed Items.
You understand that if you change devices or data is deleted or erased from your device, your Content, Game Progress Data, your Virtual Currency and your Virtual Goods may only be accessed through the retrieval methods that we provide to your account from time to time.
Your Account
You may need to create an account with us to access and use certain elements of the Software ("your account").
Your account is personal to you and you may not give, lend, transfer or otherwise allow any other person to access or use your account. Your account name, user ID and other identifiers used in our Services remain our property and may be disabled, recycled and reused by us once your account is terminated or deactivated by you or us for any reason.
You are responsible for: (i) safeguarding your account details, including but not limited to any passwords used to access your account and our Services, and (ii) using our Services under your account. If you know or suspect that your account or its password has been compromised, you must notify us immediately. We will treat all use of your account as if it was used by you unless we have received and confirmed your notification to us that your account and/or its password has been compromised.
If you fail to protect your account details, you agree to be solely responsible for all related losses, including but not limited to the loss of Virtual Goods and Virtual Currency.
We may take certain technical measures from time to time to verify that you are the owner of your account, especially when you intend to take certain significant actions, such as changing your password or deleting your account. Such technical measures may include (i) sending a verification code to your mobile phone or email address, and (ii) requesting you to provide additional information about your account or your use of our Services.
Updates and Changes to Software and Services
We may distribute corrections, updates, upgrades and new versions of the Software and/or Services (each, an "Update") at our sole discretion. You agree to receive and allow us to provide Updates to your device, and you acknowledge that if you do not accept and install the Updates, the Software and/or Services may no longer have all the functionality or performance described in the description, or may not function at all.
We reserve the right to change or limit the functionality and performance of the Software and/or Services at our sole discretion, including without limitation withdrawing support or access to the Software and/or Services and blocking the use of any Software and/or Services for which all available Updates have not been installed.
Such updates may be made automatically or manually. Please note that if you do not install the Upgrade or New Version, the Software and/or Services may not function properly or at all. We do not guarantee that any Updates will be provided for any Software or Services, or that such Updates will continue to support your device or system.
Warranties and Disclaimers
We warrant to you that we will provide our Services with reasonable care and skill.
EXCEPT FOR THE WARRANTIES IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OR MAKE ANY PROMISES REGARDING OUR SERVICES, OUR SOFTWARE, OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY REPRESENTATIONS, WARRANTIES OR PROMISES THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR VIRUS-FREE; (II) OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANYONE. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND PROMISES.
Liability for our services
To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliates for all claims arising out of this Agreement or our services or software will be limited to the lower of: (I) the amount you paid to us for use of the specific service or software to which the claim relates in the 6 months prior to the date of the most recent claim; and (II) $100.
To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliates be liable for any damages caused by this Agreement or our services or software: (I) any natural disasters, such as floods, earthquakes or epidemics; (II) any social events, such as wars, riots or government actions; (III) any computer viruses, Trojan horses or other damages caused by malware or hackers; (IV) any failure or malfunction of our or your software, systems, hardware or connections; (V) improper or unauthorized use of our services or software; (VI) your use of our services or software in violation of this Agreement; or (VII) any cause beyond our reasonable control or predictability. To the extent permitted by applicable laws and regulations, we will not be liable for any indirect, special, consequential, exemplary or punitive damages or any loss of business, revenue, profits, goodwill, content or data under any circumstances.
Nothing in this Agreement will limit or exclude any of the following liabilities, except where such liabilities cannot be excluded, limited or excluded under applicable laws and regulations:
- any liability for death or personal injury;
- any liability for gross negligence or willful misconduct; or
- any other liability, but such liabilities cannot be excluded, limited or excluded under applicable laws and regulations.
Notwithstanding any other provisions in this Agreement, nothing in this Agreement will limit or exclude any statutory rights you may have in your jurisdiction (including, without limitation, any rights under applicable consumer protection regulations), which cannot be excluded or waived under applicable laws and regulations.
Technical Support
We may, at our sole discretion, provide technical support for the Licensed Items (whether free of charge or for a fee). We provide technical support without any warranty or guarantee of any kind and subject at all times to the "Warranties and Disclaimers" and "Liability for Our Services" sections above.
Our Intellectual Property
All intellectual property rights in the Licensed Items and our other services and software (including but not limited to any future updates, upgrades and new versions) will continue to belong to us and our licensors. You have no right to use our intellectual property except as expressly provided in this Agreement. In particular, you have no right to use our trademarks, brand names, game character designs, music, images, videos, storylines, logos, domain names, unique brand features and any other of our proprietary information or the layout or design of any page without our prior written consent. Any comments or suggestions you provide about our services through our services or our service platforms (i.e. user forums) are entirely voluntary and we are free to use them at our discretion without any payment or other obligation to you.
Third-Party Software, Content and Services
We are not responsible for and do not endorse, support or guarantee the legality, accuracy or reliability of any content submitted, transmitted, displayed or linked through our software or services, including but not limited to your content or other content provided by other users of our software or services or our advertisers. You acknowledge and agree that by using our software or services, you may be exposed to inaccurate, misleading, defamatory, offensive or illegal content. Your reliance on or use of any content on or accessible from our software or services is at your own risk. Your use of our software or services does not imply that you have the right to access or obtain any content related to your use of our software or services.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, offered, advertised or linked through our software or services, and we are not responsible for your use of or relationship with any such third-party services. If you access third-party services through our software or services, you must comply with any terms and conditions applicable to those services.
We may review (but do not commit to review) content or third-party services provided through our software or services to determine whether they comply with our policies, applicable laws and regulations or are objectionable. We may remove or refuse to provide or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights, or pose any risk to the security or performance of our software or services.
Sometimes, third-party content and services provided to you through our software or services may be subject to further terms, including but not limited to the terms of the relevant third party that originally provided such content and services. In such cases, you agree to abide by any such further terms and conditions notified to you in connection with such third-party content and services.
In addition, please note that we are not responsible for, and do not endorse, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data provided by third parties for use in the Licensed Projects. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any additional terms and conditions applicable to any third-party content, software, tools, plug-ins and data.
Open Source Software
Certain Licensed Projects may include software that is subject to an “open source” license (“Open Source Software”). When we use such Open Source Software, please note that the terms in the Open Source Software license may expressly override this Agreement, in which case such terms will control if there is any conflict with this Agreement.
Use of Your Device by Our Software and Services
In order to provide you with the Software and Services, we may need to access and/or use the relevant device (such as a mobile phone, tablet or desktop computer) that you use to access the Software and/or Services - for example, we may need to use your device’s processor and storage to complete the installation of the relevant software, or we may need to access your contact list to provide certain interactive features in our applications. You agree to grant us such access and use of your device.
We will provide further information about how specific software or specific services may use and access your device in the relevant software or service or otherwise (e.g., through the relevant app store as part of the installation process for the relevant service). You understand that if you do not provide us with such use or access, we may not be able to provide you with the relevant software or service.
Export Regulations
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries to which the Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, not to export any Licensed Items to any prohibited country, entity or person requiring an export license or other government approval unless you obtain a license or other government approval.
Breach of Contract and Indemnification
If we reasonably discover that you have breached this Agreement, we may take such action as we deem appropriate, including but not limited to: (i) deleting the Your Content involved; (ii) restoring your game data to the state it was in before your breach; (iii) terminating your right to use our Services; (iv) taking legal action against you or disclosing relevant information to law enforcement agencies, and (v) any other action specified in any posted guidelines and rules.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs and expenses related to or arising out of the relationship between you and us as described in this Agreement, including, without limitation, any breach of this Agreement. You hereby agree that we have the right to control the legal defense of any such claim, demand or action, including, without limitation, the right to select counsel of our choice and to compromise or settle any such claim, demand or action.
Term, Suspension and Termination
The license granted to you under this Agreement will commence on the earlier of your: (i) acceptance of the terms and conditions of this Agreement; or (ii) downloading, copying, installing, accessing or using any Licensed Item. For each Licensed Item, the license will expire on the date you dispose of the Licensed Item or, if terminated by us, on the termination date, as specified below.
We may suspend your access to or use of any Licensed Item, or terminate this Agreement if:
(1) we reasonably believe that you have breached any term or condition of this Agreement;
(2) your use of the Licensed Item creates a risk for us or other users, creates a potential threat of claims against us by a third party, or could damage our reputation;
(3) you attempt to circumvent the Licensed Item’s technological protection measures;
(4) we reasonably believe that you have not accessed or used the Licensed Item for three (3) consecutive months or more since the last recorded access and/or use of our servers;
(5) we cease supporting the Licensed Item; or
(6) for any other reason, such as (a) regulatory or statutory changes that restrict our ability to provide that part of the Licensed Item or Service, and (b) any event beyond our reasonable control (such as technical difficulties, capacity issues, or communications failures) that prevents us from continuing to provide that part of the Licensed Item or Service. If you have paid any subscription fees for a Licensed Item and we terminate this Agreement in respect of that Licensed Item pursuant to paragraph (5) or (6), and the termination is not due to any act or omission on your part or your breach of this Agreement or any applicable law or regulation, we will (i) refund you a pro rata portion of any subscription fees you have paid at the time of termination, or (ii) provide you with such other form of compensation as permitted by applicable law. We will provide you with notice of any suspension or termination where reasonably practicable.
Suspension or termination of your license to the relevant Licensed Item or this Agreement will not limit any of our rights or remedies at law or in equity.
Upon expiration or termination of this Agreement (whether in general or with respect to any particular Licensed Item), you will immediately and permanently delete all copies of the Licensed Item to which the expiration or termination relates and immediately cease accessing and using any software and services related to that Licensed Item.
Please note that upon expiration of the available term of a Licensed Item, the LicenseItems may be automatically deleted from your device or otherwise made unavailable to you.
Retention and backup of your data
We do not guarantee that we will be able to return to you any data, information, media or other content you submitted, uploaded, transmitted or displayed using the Licensed Items upon suspension or termination of this Agreement or upon your cessation of use of the Licensed Items. We may permanently delete such data, information, media or other content at any time after termination without notice to you. Please be sure to back up your data, information, media and other content regularly.
Your legal rights
Nothing in this Agreement is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent inconsistent with any term of this Agreement.
General provisions
This Agreement (including the Privacy Policy and Description) is the entire agreement between you and us regarding our Services. You agree that you shall not bring any claim against us for any claims not expressly set out in this Agreement. The invalidity of any provision (or part of any provision) of this Agreement will not affect the validity or enforceability of any other provision (or the remainder of that provision). If any competent authority deems us unable to enforce any part of this Agreement, we may replace those terms with similar terms to the extent permitted by applicable laws and regulations without changing the remaining terms of this Agreement. Delay in enforcing any term of this Agreement shall not be deemed a waiver of any rights under that term. Any rights and obligations under this Agreement, if by their nature they should continue to be valid, including but not limited to any obligations relating to the liability or indemnity (if any) of the parties, will survive the termination or expiration of this Agreement.
No one other than you and us (subject to any applicable laws and regulations) has the right to enforce this Agreement against anyone, and you may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may freely assign, transfer or subcontract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or notification. You acknowledge and agree that in no event shall our partners or affiliates be liable for any liability under this Agreement.