MOS Studio Pte Ltd Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT SETS FORTH GOVERNING LAW AND JURISDICTION AND VENUE FOR DISPUTES.


The terms of this agreement ("Terms of Service") govern the relationship between you and MOS Studio Pte Ltd (Singapore) and its affiliates (referred to as the "Company" "us," "our," or "we") regarding your use of the Company's websites, including www.mos.asia (the "Sites"), any Company mobile game (sometimes referred to as an "App") provided on a mobile platform (for example, iOS and Android), or any communication platforms relating to our mobile games, including third party social networking websites (collectively, the "Service").


We are a company registered in Singapore. By your use of the Service, users agree that the law applicable to this contract is the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Courts in Singapore.


In addition, when using the Service, users shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Each of you or us may also be referred to individually as a "party" and together as the "parties".


BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITES OR APPS IMMEDIATELY. Your remedy for dissatisfaction with the Service, content, or other information available on or through our Sites or Apps, is to stop using the Service. If you accept or agree to these Terms of Service 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 of Service and, in such event, "you" and "your" will refer to and apply to that company or other legal entity.

You can access these terms at any time at https://www.mos.asia. We can make changes to these terms at any time at our discretion and your continued use of our Services shall confirm your acceptance of the updated terms.


Your Access to our Services

To access the Service or some of the resources it offers, you may be asked to register an account with the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 18 or older and you understand and agree to these Terms of Service. If you access the Service using sign-in services ("SN Service") such as Facebook Connect, Apple's Game Centre, Google+ or an Open ID provider, you shall comply with its terms of service/use as well as these Terms of Service. It is a condition of your use of the Service that all the information you provide will be correct, current, and complete and that you will abide by these Terms of Service.


IF WE BELIEVE THAT THE INFORMATION YOU PROVIDED IS NOT CORRECT, CURRENT, OR COMPLETE OR THAT YOU HAVE VIOLATED ANY PROVISION IN THESE TERMS OF SERVICE, WE HAVE THE RIGHT, WITH OR WITHOUT NOTICE, TO SUSPEND YOUR ACCESS TO ANY OF THE SERVICE OR THE SERVICES OF OUR THIRD-PARTY SERVICE PARTNERS, IF ANY, OR TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE YOUR USER ACCOUNT, WITH OR WITHOUT A PRORATED REFUND OF ANY PREPAID AMOUNTS, IF ANY, IN OUR SOLE DISCRETION. YOU CAN LOSE YOUR USER NAME, RELATED PLAYER IDENTITY AND ACCESS TO ALL USER CONTENT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, INCLUDING EARNED GOODS AND PURCHASED GOODS ASSOCIATED WITH YOUR USE OF THE SERVICE. WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.


WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND YOUR ACCOUNT OR PORTIONS THEREOF AND PROHIBIT ACCESS TO OUR GAMES OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOUR ACTIONS ARE EXPOSING US TO RISK OR LEGAL LIABILITY, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR TERMS OR POLICIES. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.


Upon MOS Studio’s approval of your registration, you will be given an Account ID matched to the Password selected by you with the licence to use your Account ID for ONE (1) calendar year commencing from the date of such approval and expiring on the date occurring ONE day before the next following anniversary of such approval date. Your licence to use your Account ID will be automatically renewed from year to year PROVIDED THAT:

  1. You have not committed any material breach of the Terms and Conditions or of any Rules or Guidelines applicable to any of our GAMES, SITE, APPLICATION AND / OR SERVICE;
  2. We have not given any notice of suspension, and / or termination of your Account and / Account ID;
  3. We have not given any notice to suspend or terminate this Site and / or this Service.

We reserve the right to cease offering the Service or a particular game at any time, at which point your license to use the Service or any part thereof will be automatically terminated. In such event, we shall not be liable to provide refunds or other compensation in connection with such discontinued services.


In these Terms of Service, the following words are defined:


“Goods” herein shall mean any personal property, whether tangible or intangible, which is available for sale or trade on the Site.


“Service” herein shall mean the provision of the Site as a platform to play mobile games.


“Site” herein shall mean https://www.mos.asia and other affiliated websites.


“Apps” herein shall mean any mobile application(s) provided by us for you to access the Games and / or Service.


“Games” herein shall mean the mobile games displayed on the site.


You may email us anytime at enquiries@mos.asia to terminate your Account. We will endeavour to respond to your request within thirty days.


Passwords

During the Account registration process, you will be required to select a password ("Login Information"). You agree not to share the Account or the Login Information with others, or let anyone else access your Account or otherwise jeopardise the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorised disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for your Account and maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorised by you.


We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.


You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Currencies or Virtual Goods associated with your account).


MOS Studio Games

The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. By clicking the link to join any Games, you are deemed to agree and you shall agree and comply with the game rules, scoring rules, controls and guidelines in respect of each individual Game which you choose to access and/or play.


You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.


We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time:


There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis and we will not be liable for any loss of opportunity costs arising from the Game and/or our Website.


The charge for any individual Goods you can purchase via our Games and/or Websites shall be as stated on our Games and/or Websites at the time you place the order, except in the case of obvious error. Depending on which bank you use, additional charges may be imposed by your bank; we have no control over this and accept no liability in relation to the same. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible.


Restrictions on Your Use

You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Service in accordance with these Terms of Service for your personal non-commercial entertainment purposes. Only the authorised account holder may participate as a licensee and user of the Service. As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is prohibited by these Terms of Service and will not do any of the following:


Conduct or promote any illegal activities, including, but not limited to, intellectual property infringement or engage in conduct which we, in our sole discretion, find abusive or objectionable while using the Service;


Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, harmful to minors, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;


Attempt to reverse engineer or jeopardise the correct functioning of the Service, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Service;


Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Service, any App or any Company game experience or without the Company's express written consent, modify or cause to be modified any files that are a part of the Service or any App;


Harass, abuse, or harm, or advocate or attempt or incite harassment, abuse, or harm of another user of the Service or any other person;


Gain or attempt to gain access to secured portions of the Service to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Sites or Apps;


Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;


Use the Services in any manner which could disable, overburden, damage, or impair the Sites or Apps or interfere with any other party's use and enjoyment of the Sites or Apps;


Co-brand the Service without the express prior written permission of our authorised representative. For purposes of these Terms of Service, "co-branding" means to display a name, logo, trademark, game character or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Sites or Apps or content accessible therein.


We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. In the event we notice any said violation and notify you of any said violation, you agree to cease the prohibited activities immediately. In addition, we reserve the right to take further action to safeguard the integrity of the Service, Site, Application or Games, which may include terminating your Account and prohibiting you from using the Service in whole or in part.


Ownership

All rights, title and interest in and to the Service (including without limitation any games, titles, objects, characters, character names, stories, dialogue, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, computer code and server software) are owned or licensed by the Company. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our games and the Service.


NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT INCLUDING ANY VIRTUAL GOODS OR CURRENCY, WHETHER EARNED OR PURCHASED, ASSOCIATED WITH THE ACCOUNT, IF ANY, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.


EXCEPT AS EXPRESSLY AUTHORISED BY THE COMPANY IN WRITING, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM MATERIALS OR CONTENT THAT APPEARS IN THE SERVICE.


User Content

The Service may allow you to submit, post or upload information and/or content (such as in chat forums) ("User Content"). By posting User Content to the Service, you hereby grant the Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to reproduce, distribute and display the User Content in connection with the Service.


The Company assumes no responsibility for any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not pre-screen or monitor all User Content. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with your exposure to and use of any User Content available in connection with the Service.


In connection with your User Content, you represent that: (i) you own or have permission to use, and authorise the Company to use each and every image and sound contained in such User Content and to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement; (ii) you have permission from each and every identifiable person in the User Content to use the name or likeness of such individuals in such User Content; and (iii) the posting of your User Content on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other amounts owing any person or entity by reason of any content posted by you to or through the Service. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and you agree to indemnify and hold harmless the Company from all responsibility or liability alleged against the Company in connection with your User Content. The Company reserves the right, in its sole discretion, to remove any User Content at any time (with or without notice).


Disputes with Third Parties

Our Games and/or Websites may contain (a) links to other sites operated by third parties, (b) advertisements and/or sponsorships provided by third parties, and (c) stores, services, product lines or goods offered by third parties ((a), (b) ,and (c) are collectively referred to as: Third-Party Materials").


We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties and we are not responsible for any acts or omissions of such third parties.


We do not review, approve, endorse, guarantee, warrant, or make any representations whatsoever with respect to Third-Party Materials or the applicable third parties. We shall not be responsible in any way whatsoever in so far as your dealings with such third party or parties.


To the fullest extent permitted by law, you hereby release and discharge us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from your use of Third Party Materials or interactions with or the conduct of the applicable third parties.


You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or the Apps. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting the Company access to any password-protected portions of your Account.


If you have a dispute with one or more users or third parties that may offer their own services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


Fees and Purchase Terms

In some cases, you can use a credit or debit card, PayPal, or other similar accounts (each referred to herein as "Payment Information") to pay for the Service, in-app purchases and/or upgrades within the Service. When you provide Payment Information to us (or our service providers), you represent and warrant that you are the authorised user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. If you order any optional service, in-app purchase and/or upgrades, you agree to pay the applicable fee (as set forth in the ordering process) and you hereby authorise us to charge your credit or debit card, PayPal, or other similar accounts using the Payment Information you provided in the ordering process.


Virtual Currency

Our games may offer you the ability to purchase, with "real world" money, the right to use "Virtual Goods" which includes (a) "virtual currency", including but not limited to virtual cash, coins, points, etc., all for use in our games; (b) "virtual in-game goods"; and (c) other goods or services.


Virtual Goods may never be redeemed for "real world" money or other goods of monetary value from the Company or any other person or entity. With respect to any Virtual goods that you acquire, you will have a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Virtual Goods within the Service solely for your personal, non-commercial entertainment purposes. Except for the foregoing license, you have no right, title, or interest in or to any Virtual Goods.


We may manage, regulate, control, modify or eliminate Virtual Goods at any time, with or without notice and we will have no liability to you or any third party in the event that we exercise any such rights.


The transfer of Virtual Goods is not permitted except where expressly authorised in the Service. Other than as expressly authorised in the Service, you shall not sell or transfer Virtual Goods to any person or entity, including any other user of our games.


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


YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS AT ANY TIME FOR ANY REASON, INCLUDING IN THE EVENT THAT WE TERMINATE YOUR ACCOUNT OR ELECT TO ELIMINATE VIRTUAL GOODS.


You may be able to purchase or redeem Virtual Goods from third party websites. This is a transaction between you and the third party that owns or operates that website and we are not responsible for any issues related to that transaction or ensuring that the Virtual Goods will be available in your Account or through the Service. The terms herein will continue to apply to any Virtual Goods you acquire from such third parties.


Updates to the Service

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


Termination

We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.


Advertisements and Links

The Sites and Apps may contain advertisements and other promotional content of third parties including links to third party websites (collectively "Advertisements and Links"), some of which may invite you to participate in promotional offers in return for receiving upgrades such as in-game currency. Some of these Advertisements and Links may charge separate fees, which are not included in any fees that you may pay to the Company. Any separate charges you incur with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Advertisements and Links. We are providing these Advertisements and Links to you as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services. Advertisements and Links including third party websites are subject to their own terms and policies, including privacy and data gathering practices.


Representations; Warranties; Disclaimer

WITHOUT LIMITING THE COMPANY'S LIABILITY PURSUANT TO THE FOLLOWING PARAGRAPH, THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES, APPS, OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THE SERVICE OR CONTENT.


Limitation of Liability

WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY AND THE COLLECTIVE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF USD$100 OR FEES PAID FOR THE 6-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY WHICHEVER THE LOWER AMOUNT. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS AGREED TO THESE TERMS OF SERVICE IN RELIANCE ON THE LIMITATION OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the Company's liability shall be the minimum permitted under such applicable law.


Indemnity

You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any claims or liabilities arising out of or related to any User Content, breach of these Terms of Service by you, or your use of the Service. You agree that the Indemnified Parties will have no liability in connection with any such breach, User Content, or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.


We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT, YOU HOLD US HARMLESS AND WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.


No Waiver

No delay or failure by us to enforce any of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by our authorised representative shall have any legal effect.


Severability

If any clause or provision set forth in this Terms of Service statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.


Feedback and Information Received

The Sites and Apps may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along, or otherwise post as User Content, any ideas, input, feedback, or anything of a similar nature, you acknowledge that any such ideas, input, feedback, or otherwise shall be deemed to be non-confidential and we shall be free to use such information.


Information and Data

MOS Studio collects the following types of data such as information and/or data voluntarily submitted by users, data collected by cookies and other automatic collection tools, data from other reputable third party sources ie. certain demographic information about the user. Data collected from users may be used for ie. ensuring smooth delivery of Goods to winning bidder, responding to requests and user’s inquiries.


User’s personal data collected by cookies and other automatic collection tools will only be stored for the following purposes: statistical analyses, improvement of our website and the prevention or detection of fraud or abuse of the Service. Credit and debit card information is used only for payment processing and fraud prevention. Credit and debit card information is not used for any other purpose by us and will not be kept longer than necessary for providing the Services. We process your data in identifiable form no longer than necessary for the purposes as mentioned in this Terms of Service.


Third party service providers who are employed under us and perform functions on our behalf may have access to users’ personal data needed to perform their functions, but may not use such data for any purpose other than the function which we have directed them to perform on our behalf. Examples include delivering goods, mail and e-mail, maintaining customer lists, analysing data, marketing and advertising, search engines and links, processing credit card payments and providing customer service and data storage.


We enter into contracts with such third party service providers which:

  1. Prevents them from using your personal data for any purpose other than the function which we have directed them to perform on our behalf;
  2. Requires them to implement and maintain reasonable security measures to safeguard the confidentiality, security and integrity of users’ personal data.


Except for the purposes described herein, we will not share the personal data users provide to us with any third parties without your permission, unless to: (i) respond to duly authorised information requests of governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of us or our subsidiaries; or (iv) protect the personal safety of our employees and third parties on our property. At any time, a user may change his mind and revoke this permission.


A user may at any time request that we amend or delete his personal data or refrain from using it to contact him. A user may also at any time request that we delete the account he has created and activated during online registration. A user may communicate such requests by sending an e-mail to us at: enquiries@mos.asia detailing what data the user wishes to be deleted.


A user can unsubscribe from our mailing list by selecting the link “UNSUBSCRIBE” at the bottom of our e-mail message. Once the user chooses to unsubscribe, we will stop sending him e-mail messages.


A user has the right to see the personal data that we hold on him by sending a written request to enquiries@mos.asia. We aim to deal with all enquiries promptly. We charge a fee to meet our costs in providing this information to any user. Once we receive the user’s request, we may request additional information to confirm the user’s identity and will send the user details of how to pay the processing fee. We will then provide the user with an electronic file of all the information we hold about him as soon as we can and in any event within 40 days from the user’s payment of the processing fee.


User data that is collected are contained and held in respective servers deployed internationally. Our contract with such servers:

  1. Prevent them from using your personal data for any purpose other than the function which we have directed them to perform on our behalf;
  2. Requires them to implement and maintain reasonable security measures to safeguard the confidentiality, security and integrity of users’ personal data.


If a user has any complaint about the personal data that we keep on the user, the user may contact our Personal Data Officer / Personal Information Controller at +65 64155874. Alternatively, if the user resides in Philippines, the user may complain to the National Privacy Commission in Philippines.


Supplemental Policies

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


Miscellaneous

Both parties shall be independent contractors and these Terms of Service do not create an agency, partnership, or joint venture. Unless stated otherwise in these Terms of Service, these Terms of Service do not create any third-party beneficiary rights. You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.


In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery or availability of the Service available through our Sites or Apps arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, third party non-performance, failures or fluctuations in electrical power, telecommunications equipment or the Internet generally, governmental act or regulation, and other causes or events, whether or not similar to those which are enumerated above.


This English-language Terms of Service statement is our official agreement with users of the Service. In case of any inconsistency between this English-language Terms of Service statement and its translation into another language, this English-language document shall take precedence.


Changes to These Terms

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms of Service at any time, by giving SEVEN (7) days of notice thereof. Such notice will be set out in this hyperlink: https://www.mos.asia


Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of the Service after the said SEVEN (7) days of notice constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If, at any time, you determine that you do not accept these changes, you must stop using the Service.


Breach of Terms

We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of any of the terms (including by repeated minor breaches) stated herein. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.


Contact Information

If you have any questions regarding your use of the Service, please contact us at enquiries@mos.asia.