“Collective Content” means, collectively, ColorSaga Content and User Content.
“Content” means text, graphics, images, music, software (excluding the Applications), audio, video, information or other materials.
“ColorSaga Content” means Content that ColorSaga makes available through the Services, including any Content licensed from a third party and Virtual Goods and Virtual Life (defined below), but excluding User Content.
“User” means a person who uses, downloads and/or installs any of the Services.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
Certain areas of the Services (and your access to or use of certain areas of the Applications or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED THROUGH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
ColorSaga reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification via the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services.
The Services are intended solely for persons who are 13 or older. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 13 or older.
In order to access certain features of the Services and to post any User Content on or through the Services, you may be required to register to create an account (“Account“).You hereby consent to our access to and collection of such personal information about you. (such as your name, email address and other information)
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ColorSaga reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify ColorSaga of any unauthorized use of your Account.
You may not purchase, sell, gift or trade any Account, or offer to do the same and any such attempt will be null and void. You agree that you have no right to or title in or to any Collective Content (excluding your User Content provided by you), including without limitation, any Virtual Life or Virtual Goods (defined below) originating in the Services, or any other attributes associated with your Account, except as expressly provided in these Terms. If you make a purchase of Virtual Life or Virtual Goods (defined below) your registration details may be passed to third parties who provide payment processing services (“Third Party Payment Partners”), in order for them to better protect you from unauthorized payments.
The Services may include a virtual, in-Services good (“Virtual Life“). Virtual Life can be (i) purchased from ColorSaga through our Third Party Payment Partners for “real world” money if you are a legal adult in your country of residence. ColorSaga has no control over how such third party websites operate a system of credits or virtual items and whether or not such credits or virtual items can be exchanged with the Virtual Life, so this method of obtaining Virtual Life may not always be available to you. By choosing a particular Third Party Payment Partner’s payment option, you may be redirected to that Third Party Payment Partner’s website to complete a payment. In addition, ColorSaga may also provide embedded content from our Third Party Payment Partners within our own pages on the domains which we own and maintain. In these cases, our Third Party Payment Partners may set a persistent cookie as a result of the embedded content. ColorSaga’s use of any possible information provided to us through this embedded content will be consistent with the stated usage in these Terms. The fact that ColorSaga links to a Third Party Payment Partner’s website or service or provides embedded content from our Third Party Payment Partners within our own pages is not an endorsement or representation of any affiliation with that Third Party Payment Partner, nor is it an endorsement of their privacy or information security policies or practices. ColorSaga does not exercise any control over Third Party Payment Partners’ websites or services. By choosing to navigate to Third Party Payment Partners’ sites, you agree that ColorSaga is not liable for the content or services of that Third Party Payment Partner and that you shall be subject to the terms and conditions of the respective Third Party Payment Partner. By choosing to access or use such Third Party Payment Partner services, you agree that such services are provided “as is,” “with all faults,” and without any warranty of any kind. Only use and implement Third Party Payment Partners’ services at your own risk. ColorSaga is not liable to you, or any third party, in any way, for any losses, damages, costs or other expenses arising from your use of Third Party Payment Partners’ services.
In addition, ColorSaga’s Virtual Life is made available to you at the sole discretion of ColorSaga and may be discontinued at any time. The Services may also include virtual, in-Services digital items and/or other virtual, in-Services goods and services (collectively, “Virtual Goods”) that may be purchased from ColorSaga through our Third Party Payment Partners for “real world” money if you are a legal adult in your country of residence. Regardless of the terminology used, Virtual Life and Virtual Goods may never be redeemed with “real world” money, goods or other items of monetary value from ColorSaga or any other party.
Virtual Goods and Virtual Life are digital items only. Your right to use any Virtual Goods and Virtual Life that you obtain are limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Goods and Virtual Life solely for your personal entertainment and non-commercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Goods or Virtual Life, which remain the exclusive property of ColorSaga. As stated above, the existence of a particular offer of Virtual Goods or Virtual Life is not a commitment by ColorSaga to maintain or continue to make the Virtual Goods or Virtual Life available in the future. The scope, variety and type of Virtual Goods and Virtual Life that you may obtain can change at any time. ColorSaga has the absolute right to manage, regulate, control, modify or eliminate such Virtual Life or Virtual Goods as it sees fit in its sole discretion, and ColorSaga will have no liability to you or anyone for the exercise of such rights.
Except where explicitly authorized by ColorSaga, (i) transfers of Virtual Life or Virtual Goods are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Life or Virtual Goods for “real world” money or otherwise exchange items for value; and (iii) ColorSaga does not recognize any such purported transfers of Virtual Life or Virtual Goods, nor the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms and will result in an automatic termination of your rights to use the Virtual Life or Virtual Goods and may result in termination of your Account, a lifetime ban from the Services and/or possible legal action. You agree that all sales of Virtual Goods and Virtual Life are final. No refunds will be given, except in ColorSaga’s sole and absolute discretion or as required by applicable law or the policies of our Third Party Payment Partners. All Virtual Goods and Virtual Life are forfeited if your Account is terminated or suspended for any reason, in ColorSaga’s sole and absolute discretion, or if ColorSaga discontinues providing the Services.
Certain aspects of the Services are, or may in the future be, provided for a fee or other charge. In the event you choose to use paid aspects of the Services, (e.g., if you decide to purchase Virtual Life or Virtual Goods), you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted in the Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms or as required by applicable law or our Third Party Payment Partners.
We neither store, nor have access to any of your credit card information. That’s because the payment transactions themselves are completed through our Third Party Payment Partners.
So, for inquiries related to transactions or to report suspected fraud, please contact the Third Party Payment Partner where your purchase was made directly.
The Services (including, but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Services chat transcripts, character profile information, recordings of games played using the Services and server software) and Collective Content are protected by copyright, trademark, and other laws of Malaysia and foreign countries. You acknowledge and agree that the Services and ColorSaga Content, including all associated intellectual property rights, are the exclusive property of ColorSaga and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, ColorSaga grants you a limited, non-exclusive, non-transferable license: (i) to access and use any ColorSaga Content solely for your personal entertainment and noncommercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ColorSaga or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you hereby grant to ColorSaga a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services. ColorSaga does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to ColorSaga the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or ColorSaga’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, ColorSaga grants you a limited non-exclusive, non-transferable license to download and install a copy of each Application on a single mobile device or computer that you own or control and to run such copy of each Application solely for your own personal use. ColorSaga reserves all rights in and to the Applications not expressly granted to you under these Terms.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services, or any individual element within the Services, ColorSaga’s name, any ColorSaga trademark, logo or other proprietary information, or the layout and design of the Services, without ColorSaga’s express written consent;
Access, tamper with, or use non-public areas of the Services, ColorSaga’s computer systems, or the technical delivery systems of ColorSaga’s providers;
Attempt to probe, scan, or test the vulnerability of any ColorSaga system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ColorSaga or any of ColorSaga’s providers or any other third party (including another user) to protect the Services or Collective Content;
Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ColorSaga or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a ColorSaga trademark, logo URL or product name without ColorSaga’s express written consent;
Use the Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
In addition to the General Prohibitions listed above, your playing of, and participation in, the Services is governed by specific rules (“Rules“) maintained and enforced exclusively by ColorSaga. Your cooperation in understanding and complying with the Rules is essential to ensure that all Users can enjoy their experience with the Services. According to the Rules, you must:
respect the rights of other Users to enjoy and play the Services. To this end, you may not defraud, harass, threaten, or cause distress and/or unwanted attention to other Users;
not spam, flood, or make duplicate posts, post commercial solicitations or ads when engaging in any interaction with other Users or any ColorSaga employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue, or use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language or link to any such language or content;
not impersonate any employee or agent including customer service representatives, of ColorSaga or its affiliates;
not post or communicate any User’s “real world” information (name, address, account name, etc.) through the Services;
not offer or perform in-Services services for “real world” cash;
not exchange or transfer, whether in or outside of the Services, any Virtual Life or Virtual Goods available in the Services, except as permitted by the in-Services play;
not organize or be a member of any groups within the Services that are based on or espouse any racist, sexist, antireligious, anti-ethnic, anti-gay or other discriminatory values;
not exploit any errors in design features which have not been documented, and/or “bugs” to gain access to content that is otherwise not available to Users, or to obtain a competitive advantage over other Users or any other unintended benefit; or communicate the existence of any such errors or “bugs”, either directly or through public posting, to other Users.;
not use any third party program (such as a “bot”) in order to automate gameplay functions, including playing, interacting, or gathering Virtual Life or Virtual Goods within the Services; or
not cheat as part of in-Services play or engage in any other conduct that is disrespectful to other Users or contrary to the “spirit” of the Services.
ColorSaga respects copyright law and expects its users to do the same. It is ColorSaga’s policy to terminate, in appropriate circumstances, users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Services may contain links to third party websites or resources. You acknowledge and agree that ColorSaga is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ColorSaga of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
If you breach any of these Terms, ColorSaga will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. ColorSaga reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event ColorSaga terminates these Terms for your breach, you will remain liable for all amounts due hereunder.
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COLORSAGA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COLORSAGA MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERRORFREE BASIS. COLORSAGA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COLORSAGA OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES MAY ONLY BE PLAYED ONLINE, OR VIA MOBILE DEVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ADEQUATE INTERNET CONNECTIONS AND MOBILE DEVICE PLANS AND PAYING FOR ANY RELATED CHARGES FOR USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT COLORSAGA DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES COLORSAGA MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. COLORSAGA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold ColorSaga, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Collective Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER COLORSAGA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COLORSAGA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COLORSAGA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO COLORSAGA FOR USE OF THE SERVICES OR COLLECTIVE CONTENT IN THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO COLORSAGA, OR TWENTY-FIVE DOLLARS ($25), IF YOU HAVE NOT MADE ANY PAYMENTS TO COLORSAGA, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLORSAGA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of ColorSaga used herein are trademarks or registered trademarks of ColorSaga. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms and any action related thereto will be governed by the laws of Malaysia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be Malaysia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree to comply fully with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysia Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements. By accessing and using the Services and/or Collective Content, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
These Terms constitute the entire and exclusive understanding and agreement between ColorSaga and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ColorSaga and you regarding the Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without ColorSaga’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ColorSaga may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ColorSaga: (i) via email (in each case to the address that you provide, as applicable); or (ii) by posting via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to this Agreement against or relating to ColorSaga or any indemnified party under Section 15 above shall be referred to and finally resolved by arbitration in Malaysia in accordance with the The Malaysian Institute of Arbitrators (“MIArb Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
The failure of ColorSaga to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ColorSaga. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We collect personal information about you and the devices you use to access and interact with us and our Products. We collect:
Collected information may be used in the following ways:
We may share the information you provide (subject to the necessary security, contractual and transfer safeguards). These are some of the partners we may share your personal information with:
Personal information may be transferred to other countries where ColorSaga or its service providers maintain operations. These countries may not have equivalent data protection laws to the country from where you access the Products.
Your privacy is important to us and we place great importance on the steps we take, including technical and organisational measures to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. Your personal information will be kept by ColorSaga for the duration of your relationship with us and for as long as you use our Products and may be retained for a period after this time if it is necessary and relevant to our legitimate operations, our terms with you and in accordance with applicable laws.
You have options and choices over how we use your personal information. You may be required to register or sign in to use or access some of our Products, and may need to provide personal information to create a user profile which is associated with your use of our Products. Where you are required to sign in to use or access our Products, you can also manage the personal information that you provide to us.
You can contact us directly with requests to correct, erase, restrict, object to, or move your personal information. If you do not want us to process and/or access your personal information, you may be unable to use our Products.
Protecting the privacy of young children is especially important to ColorSaga. For that reason, ColorSaga does not knowingly collect or maintain personally identifiable information or non-personally identifiable information from users under 13 years of age, other than as permitted by law in support of our internal operations.
We collect personal information about you and the devices you use to access our Products and interact with us. We collect:
Your registration information enables us to provide you with access to the Products and to supply the Products under the relevant terms of service. It helps us to authenticate your access, to contact you for your views and to notify you of important changes or updates to our Products.
Where we have your consent and in accordance with your stated communication preferences, we may also contact you for marketing purposes to let you know by post, email, telephone, mobile or in-app messaging about our other products and services. We may also share information with third parties so that they may let you know, (using your stated communication preferences) about goods or products which may be of interest and where you separately consent to this contact.
If you no longer want us to use your data in this way or generally change your mind about receiving marketing communications, you can unsubscribe at any time, either by using the unsubscribe option in the communication you receive or by changing your communication settings. Please note that we will retain a record of the user information when you unsubscribe from our marketing information for the legitimate purpose of ensuring that we do not contact you further in this way, during the period of your objection.
This information will enable us to verify your purchases with Third Party Payment Partners and to contact you in order to assist with resolving any problems with your purchases and to process any refund payments that you may be due.
We will also use and analyse information on transactions on your account for our legitimate interests by data matching or statistical analysis so that we can administer, support, improve and develop our business and to help us detect and prevent fraud or other illegal activities or acts prohibited by our terms of service or any policies applicable to the Products.
We analyse information about how you engage with our Products to understand how our Products are used and to provide you with an optimal gaming experience, such as by rolling out performance-optimising software updates for videogames. We use anonymous data in order to analyse and produce statistics relating to the habits, usage patterns and demographics of users as a group or as individuals. This allows us to deliver you personalised content, helps us understand the features of our Products that appeal to you and allows us to manage advertising, amongst other things.
When you interact or visit our website, we may automatically collect information about you such as the type of internet browser or mobile device you use, any website from which you have come to any of the ColorSaga sites and your IP address (the unique address which identifies your device on the internet) and your operating system, which are automatically recognised by our web server.
We use internet log files to monitor traffic on our Products, resolve technical problems and to detect and prevent fraud. We use these technologies to provide us with information, such as when an email is opened, or to develop statistics on the effectiveness of advertising or marketing on our website.
We also use technical and device information to operate and improve our videogames, enable online matchmaking, facilitate sharing, measure our effectiveness, set up and maintain accounts, identify and fix errors and to help keep online content fair and safe and to resolve related disputes.
We use information obtained from third parties to provide you with an optimal experience, to facilitate use of the Products as advertised and to enable you to play ColorSaga videogames on various platforms.
We may also work with advertising networks that serve advertisements into our Products or the website and products of third parties. Some of those advertisements may be personalised to your interests based on your activity and technical information and using cookies.
In delivering the Products to you, we may share your personal information with:
Companies within the ColorSaga group (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy.
Third parties with whom we share your information in order to undertake various activities or services on our behalf in supporting the Products. This includes payment processing providers facilitating credit and payment card transactions, website and application support and hosting providers for online videogame services and software downloads and providers for the delivery of promotional, digital advertising or other communications.
As mentioned above, we may also share information with third parties so that they may let you know, (using your stated communication preferences) about products or services which may be of interest to you, provided you have separately consented to this contact. If you no longer want us to use your data in this way or generally change your mind about receiving marketing communications you can unsubscribe either by using the unsubscribe in the communication you receive or by changing your settings. Please note that we will retain a record of your objection for the legitimate purpose of ensuring that we do not contact you further, during the term of your objection.
If our business enters into a joint venture, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, or new business partners or owners or their advisors.
We may use the information that you provide if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or to enforce the relevant terms of service and any other agreement; or to protect our rights or the rights of third parties. This includes exchanging information with other companies and organisations such as credit agencies, law enforcement or government bodies or the courts in connection with a criminal investigation, suspected illegal activity, fraud prevention and detection or in legal proceedings.
We do not control information which is sent from your browser to third parties, including social media platforms, analytics companies and advertising networks that receive information in the normal course of your online activities.
Personal information may be transferred to other countries where ColorSaga or its service providers maintain operations. These countries may not have equivalent data protection laws to the country from where you access the Products or, in the case of transfers subject to European law, may not be subject to an adequacy decision by the European Commission (EC). An adequacy decision is a decision taken by the EC establishing that a third country provides a comparable level of protection of personal data to that in the EU, through its domestic law or its international commitments.
Where ColorSaga transfers personal information it will seek to take account of any applicable legal obligations relevant to personal information transfers. In the case of transfers of personal information out of the European Economic Area, it will, in the absence of an EC adequacy decision relevant to the destination country, seek to rely on appropriate safeguards such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient – https://www.privacyshield.gov/welcome) or enter into appropriate EC approved standard contractual clauses relevant to personal data transfers between data controllers or between a data controller and a data processor, (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
We place great importance on the steps we take, including physical, technical and organisational measures, to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password which allows you to access any of the Products, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. We will not be liable for any unauthorised transactions entered into using your username, personal information and/or password.
Your personal information will be retained by us for the duration of your use or access to our Products and may be retained for a period after this time as necessary and relevant to our legitimate operations, our terms with you and in accordance with applicable laws and obligations. This may include retention necessary to meet our tax reporting requirements as well as time required to enforce the relevant terms of service, any game “sun-setting” requirements or to identify, issue or resolve legal proceedings.
We may retain a record of your stated objection to the processing of your data, including in respect of an objection to receiving marketing communications, for the sole purpose of ensuring that we can continue to respect your wishes to not contact you further, during the term of your objection.
We will take appropriate steps to seek to destroy or permanently de-identify personal information at the point this information is no longer needed by us for our business or legal purposes.
You have options and choices over how we use your information. We may provide you with tools to access and update specific information relating to your use of the Products at any time. If you need to sign in to access certain Products, you can update and amend your key contact information directly.
We respect the rights you may have under applicable law to request access to your personal information and where applicable, to request to receive that information in a commonly used electronic format (or ask for this information to be provided in that format to a third party where feasible). You may also have the right under applicable law to request the correction or erasure of your personal information, to seek to object to the further processing under certain circumstances of your information or to request that the processing of specific information about you is restricted while we verify or investigate your concerns about this information.
If ColorSaga learns that personally identifiable information of users under the age of 13 has been collected, other than for support of the internal operations, ColorSaga will take reasonable steps to remove such information.
A cookie is a small text file that gets downloaded onto your PC, phone or other device when you visit our Website. They generally contain two bits of information: a site name and a unique user ID. Once the cookie is on your device, our Website “knows” that you have been there before and can then use that knowledge to tailor the experience that you have.
The Website we operate use the technical information contained in the cookies to understand how you interact with our Products and to measure their effectiveness. For example: cookies can help us understand how people use our Website, analyse which parts you find most useful and engaging, and identify features that could be improved. Cookies help to improve the security of our Website, as we can determine inconsistencies between devices used, remember the settings you apply for your use of our Website and as such personalise your experience, and continually improve the way in which our Website operate for you.
The different types of cookies that we may use on our Website fall into the categories described below. These descriptions can help you determine if and how you would like to interact with our Website:
Required cookies enable basic site functionality and follow your progress through the Website. These essential cookies have to be enabled, in order for you to browse our Website and move between pages. We are unable to identify you personally by using these types of cookies.
We may test new designs or website features on our Website. We do this by showing slightly different versions of our Website to different people and anonymously monitoring how our site visitors respond to these different versions. Ultimately this helps us to offer you a better website.
Cookies are used widely for online advertising. Neither we or our advertising partners can obtain data that can personally identify you from these cookies.
You may notice that sometimes after visiting our Website or other website, that you see increased numbers of adverts from the site you visited. This is because advertisers, including ourselves pay for these adverts, which are known as “remarketing cookies” during your visit. We use these adverts to tailor offers that encourage you to come back to our Website.
You can change how cookies are stored on your machine by clicking on the ‘Tools’ menu in your internet browser for your device. For more information about these controls, visit your browser or device’s help material. Certain parts of our Website may not work properly if you have disabled browser cookie use.