Terms of Use
ACCEPTANCE OF TERMS OF USE

Welcome to Viwawa's (hereinafter referred to as "We" or "Us" as the context requires) website (hereinafter referred to as "This Website").


By accessing and continuing to access This Website (www.viwawa.com), you are deemed to have agreed to be bound by these Terms of Use ("TOU"). If you do not agree to be bound by these TOU, please do not continue to access this web site.


We reserve the right to deny access to any person for any reason. Under the terms of our Privacy Policy, which you accept as a condition for viewing, we are entitled to collect and store data and information for the purpose of exclusion and other uses.


These TOU are subject to change by Us from time to time without prior notice to you. Changes to these TOU will be posted on This Website and you can review the most current version of these TOU at any time on This Website. You hereby agree that continued use of This Website after any changes to these TOU will amount to agreement to be bound by the modified TOU.


In addition, when using particular features of This Website, you shall be subject to any guidelines or rules applicable to such features which may be posted from time to time on This Website. All such guidelines or rules are hereby incorporated by reference into these TOU.


REGISTRATION DATA

In consideration of your use of This Website, you agree to:


(a) provide true, accurate, current and complete information about yourself as prompted by any registration form (such information being the "Registration Data"); and


(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.


You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or if We have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate your account and refuse any and all current or future access to or use by you of This Website or any parts or features thereof.



PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy, which is hereby incorporated by reference into these TOU. The complete Privacy Policy is accessible at this location .



REGISTERED USER, ACCOUNT, PASSWORD AND SECURITY

If you are a registered user, you will receive a password and account designation upon completing the website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:


(a) notify Us immediately of any unauthorised use of your password or account or any other breach of security; and


(b) ensure that you exit from your account at the end of each session.


We will not be liable for any loss or damage arising from your failure to comply with this Clause.



CHANGE OF ACCOUNT OWNERSHIP

Viwawa strictly prohibits the change and/or transfer of your Account ownership under any circumstances whatsoever. You must not purchase, trade, give-away, sell or transact in any form or manner your Viwawa Account. Viwawa reserves the sole and exclusive right, without giving due notice to you, to suspend and remove your Viwawa Account if you are found to trespass this Term of Use. Viwawa owns, has licensed, or otherwise has rights to all of the content that appears in the Viwawa service. You agree that you have no right or title in or to any content contained or published in Viwawa, including the virtual items or any currencies appearing or originating in Viwawa, or any other attributes associated with the Account or stored on the Service. You hereby agree to indemnify Viwawa from all losses, directly or indirectly, caused as a result of any actions imposed on your account by Viwawa. Any action or decision by Viwawa is deemed conclusive and will be ordinarily non-revocable. You shall not appeal if you are aware of your trespass.



HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.



WEBSITE CONTENT

The contents of This Website, unless otherwise apparent, are owned by or controlled by Us and are protected by copyright, trademark and other forms of intellectual property rights.


By accessing This Website, We hereby grant you a revocable limited licence to reproduce content from This Website for the purpose of online and/or offline viewing at a single computer, for personal and non-commercial use. You are not permitted to download or otherwise reproduce This Website in its entirety. You are also expressly prohibited from copying, reproducing or adapting content from This Website without prior written permission from Us.



USE OF THIRD PARTY APPLICATIONS

This website may deploy, install, publish or utilize third party applications for certain functionalities. The list of third party applications are herewith listed below. By using any of the functionalities provided by the respective third party applications, you hereby agree to all Terms of Use of the respective third party applications. You agree to use each functionality only towards the intended normal use and not for any illegal or unauthorized purpose. You also agree to use the functionality in such a manner as to not violate any local or federal laws of your jurisdiction, including but not limited to anti-spam, copyright or privacy laws. Certain third party applications may require confidential information such as your passwords. If you submit your passwords through the third party applications, you shall be wholly responsible and liable for any loss of your personal information, sensitive data, materials or otherwise. You shall fully indemnify Pendulab Pte Ltd, its subsidiaries, affiliates, parent and ultimate parent company from all losses as a result of any hacks, cheats or compromise to your accounts.


List of third party applications
  1. Tell-A-Friend


SUBMISSIONS

As a condition of viewing, any communication between yourself and Us is deemed a submission. All such submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become Our exclusive property and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information Us which you wish to forever allow Us to use in any manner as We see fit.



VIWAWA DEVPALS GAMES

Some games on Viwawa are developed and maintained by other external third party developers. As such, you acknowledge that Viwawa team has limited support knowledge and almost no access to program codes for the respective DevPals games. Due to these limitations, the response time for support may not be as fast as we would like to. Support for DevPals games are conducted in the Viwawa forum and/or by email. The support for each DevPals game will be communicated to the respective DevPals game developer who in turn will reply to your support case directly or indirectly (through Viwawa team). You shall not release your email address, password, personal information and any sensitive data to any DevPals games or any DevPals developers. You shall fully indemnify Pendulab Pte Ltd, its subsidiaries, affiliates, parent and ultimate parent holding company from all losses as a result of any malicious hacks, cheats or compromise to your accounts. Each DevPals game will be made known with a "DevPals" mark.



INDEMNITY

You agree to indemnify and hold Us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit, post, transmit or make available through This Website, your use of, connection to This Website, or your breach of the TOU, or your violation of any rights of another.



MODIFICATIONS

We may at any time modify or discontinue, temporarily or permanently, This Website (or any part thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of This Website.



TERMINATION

We may, under certain circumstances and without prior notice, immediately terminate your account and access to This Website.



Cause for such termination includes (a) your breach of the TOU or other incorporated agreements, rules or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to This Website (or any part thereof), (e) unexpected technical issues or problems, (f) extended periods of inactivity, (g) cheating in the game, and (h) acts of malicious or abusive intent towards other members.



Termination of your account includes (a) removal of access to all features within the website, (b) deletion of your password and all related information, files and content associated with your account (or any part thereof), and (c) barring you from further use of This Website or parts thereof.



Further, you agree that all terminations for cause shall be made at Our sole discretion, without any obligation on Our part to provide any explanation; and that We shall not be liable to you or any third-party for any termination of your account or access to This Website.



LINKING TO THIS WEB SITE

Unless expressly authorized by Us, hyperlinks to content from This Website from another website, electronic mail, document, or any other manner is expressly prohibited and will constitute a breach of these TOU.


Framing or any other manner whereby any content from This Website is reproduced or made to pass off as or appear to be part of the content of any third party web site, electronic mail or other document is expressly prohibited and will constitute a breach of these TOU.


By accessing This Website from links from other third party web sites, electronic mail or document, you agree to be bound by these TOU.



LINKS TO OTHER SITES

This Website may contain links to other World Wide Web sites or resources. We are not responsible for the availability of such external sites or resources; and We do not endorse nor are We to be considered responsible or liable for any content, advertising, products, or other materials on or available from such other sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other site or resource.



NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.



INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that your intellectual property rights have been infringed, please email us (support@viwawa.com) with the following information:


(a) a description of the intellectual property that you claim has been infringed;


(b) a description of where the material that you claim is infringing is located on This Website;


(c) your contact details, in particular, address, telephone number, and email address;


(d) a statement stating (i) that in good faith you believe that an act which constitutes an infringement of the intellectual property rights in question was carried out on the website; (ii) the grounds for your belief; and (iii) such other information as you may think is useful.



DISCLAIMER OF WARRANTIES

Information and content provided in This Website are provided on an "as is" basis without any warranty or representation (express or implied) of any kind, including but not limited to, correctness, accuracy, reliability, quality, completeness, timeliness, non-infringement, title, merchantability, or fitness for any particular purpose.



EXCLUSION OF LIABILITY

You agree that We disclaim, to the maximum degree permissible by law, any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material on This Website.


You agree that under no circumstances shall We be liable to you on account of your use or misuse of and reliance on This Website. Such exclusion of liability shall apply whether the damages arise from use or misuse of or reliance on any content available on This Website, from inability to use This Website, or from the interruption, suspension, or termination of This Website (including such damages incurred by third parties).


You agree that We disclaim, to the maximum degree permissible by law, any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material on This Website.



DISPUTE RESOLUTION

All disputes, controversies or differences which may arise between yourself and Us shall as far as practicable be settled amicably through mutual discussion.


If at any time a dispute arises, which is not settled within thirty (30) days through the mutual discussions, either you or Us may submit the dispute for arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre before a single arbitrator appointed by the Chairman of the Singapore International Arbitration Centre. The decision of the arbitrator shall be final and binding.


The language for arbitration shall be English.


The arbitration fees shall be borne by the losing party or in accordance with the decision of the arbitration. Where the arbitration award is to be implemented by way of legal proceedings, all costs, expenses and legal fees shall be borne by the party against whom the legal proceedings are filed.


Any order or judgment made pursuant to this dispute resolution process may be executed by any relevant Court of law.



GOVERNING LAW

The use of This Website and any questions or dispute arising from the use of This Website shall be construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts.



CONTACT INFORMATION

Email: support@pendulab.com