Welcome to the Tarisland website (“Site”). You are now reading our Terms of Service (“Terms”) which is a legal agreement between you and Proxima Beta Pte. Limited (“we”, “us”, “our”, as appropriate), and governs your use of the Site.
The End User License Agreement (“EULA”) and any product-specific terms and conditions shown to you at the point of log-in or purchase, rather than these Terms, will apply if you purchase, download or play our game products.
1. A Few Important Notices—arbitration, class actions and damages
If you’re in the US, you’re agreeing (i) to arbitrate almost all disputes rather than have them heard in a court of law or by a jury, and (ii) not to participate in a class action lawsuit against us.
IMPORTANT NOTICE REGARDING ARBITRATION FOR US RESIDENTS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 BELOW FOR DETAILS REGARDING ARBITRATION. THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.
3. Children
This Site may have content that is not appropriate for children under a certain age. Make sure you read, understand, and agree to these Terms if you’re going to use the Site.
Some content available via our Site may not be appropriate for children under a certain age. In some cases, content or access may be restricted to certain age groups. Parents and guardians should supervise their children’s access to our Site and in particular, their use of any community areas.
4. License and Use of the Site
As long as you agree to these Terms (and as long as the Terms aren’t terminated—see Section 14), we grant you permission to access and use our Site.
License Grant. So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Site, including any Content, for your internal, personal entertainment or informational (as applicable) purposes leveraging only the functionality of the Site. Any other use of the Site and its components, other than as expressly permitted herein, is strictly prohibited. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all articles and other written content, artwork, titles, themes, objects, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, job listings and descriptions, and any other content within the Site.
User Generated Content. Our Site might allow users to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with our Site, including pictures, photographs, videos and other information or materials (“User Generated Content”). We do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. Enjoy what other users post or share on our Site, but do so at your own risk. By posting or sharing the User Generated Content on our Site, you are telling us you have the necessary rights and license to do so and are not infringing upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further acknowledge that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. We may remove any User Generated Content and any related content or elements from the Site at our sole discretion.
By sharing any User Generated Content through the Site, you acknowledge that we may make it available across our Site and sites of our affiliated companies and we may license, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise commercially exploit your User Generated Content in connection with operating and providing our products and services without paying you for using your User Generated Content.
Additional terms and conditions will apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
We may make changes to any information on the products or services provided on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
6. User Conduct
By using or accessing the Site, you agree to follow the below User Conduct rules.
You agree not to do any of the following with respect to the Site, as determined by us:
(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
(b) misuse the Site, including by attempting to interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs, glitches, vulnerabilities or unintentional mechanics of, or introduce spyware, time bombs, viruses, worms, or other potentially damaging computer programs into our Site;
(c) use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Site and us or that collect information about the Site;
(d) copy, reproduce, distribute, display, mirror, frame or use them or any individual element within the Site (or any of our other materials, intellectual property, proprietary information, or the layout and design of any page or form contained on a page) in a way that is not expressly authorized in these Terms;
(e) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decipher, decompile, or disassemble or make derivative works based upon the Site or any Content;
(f) avoid, bypass, remove, disable, impair, descramble, circumvent, or modify any technological measure we or any of our providers or any other third party (including another user) implements to protect them or any of their associated intellectual property;
(g) violate any applicable law or regulation; or
(h) encourage, promote, take part in or enable anyone else to do any of the foregoing.
Our Site, including our Content, are owned by us or our licensors.
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Site (including all Content therein). You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You understand and agree that you have no ownership interest in the Site or any Content therein. In the event that we in our sole discretion conclude that you are violating these Terms, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Site.
Although we are not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Site, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Site.
8. Third Party Websites and Resources
Outside links are for your convenience, but we can’t guarantee them.
The Site may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We are not a party to any relationship or separate agreement entered into between you and any such third parties, and we disclaim any and all liability relating thereto. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
You agree that we are not and will not be responsible for any loss of damage of any type incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
10. Data Charges and Mobile Devices
This is a reminder that you are responsible for all data-related charges that you may incur for using our Site, including, without limitation, mobile and data charges. You should understand or ask your service provider what charges you may incur before using the Site.
We don’t make any guarantees about the Site.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SITE AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROXIMA BETA PTE. LIMITED AND ITS AFFILIATES (TOGETHER, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. The Company Parties make no warranty that the Site or the materials or information available through the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or the materials or information available through the Site.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
This Section limits what you can recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE OR RESULTS OF USE OF THIS SITE OR ANY CONTENT ON OR IN THIS SITE, EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions.
As mentioned in the beginning of these Terms, the EULA will apply if you purchase, download or play our game products. As such, the limitations and exclusions of liability set out in the EULA (and not those set out in this clause 9) will apply to any liability arising as a result of the supply of game products to you via this Site.
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Site; or (b) any claim that, if true, would constitute a breach by you of these Terms. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 13.
To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Site and Content, with no liability or notice to you, specifically in the event that (a) we cease providing the Site (or parts thereof) to similarly situated users generally; (b) you breach any terms of these Terms (including our other policies specified in these Terms); (c) we otherwise deem it necessary to suspend or modify your access to and use of the Site or terminate these Terms in our sole discretion for any reason. Upon any termination, discontinuation or cancellation of the Site, these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms.
The following Sections will survive termination of these Terms: 7 (first two sentences only), 11, 12, 13, 15 through 17, and this sentence of Section 14.
15. Dispute Resolution and Governing Law – United States
This Section only applies if you are accessing or using the Site in the United States.
You are agreeing to the laws of California. Any court cases will be handled in the Northern District of California.
(a) Governing Law and Forum Choice. These Terms and any action related thereto, including but not limited to any dispute, controversy, difference, or claim arising out of or relating to these Terms or the enforcement, interpretation, breach, termination or validity thereof or the use of the Site (collectively, “Disputes”) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 15, the exclusive jurisdiction for all Disputes that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
US residents—if there is a dispute between us, we agree we’ll resolve it through arbitration (in your home area) instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. (This Section is long so we’re providing mini-explanations for each part.)
(b) Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(c) Exceptions. As limited exceptions to Section 15(b) above: (i) we may both seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Injunctive and Declaratory Relief. Except as provided in Section (c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
You agree not to participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.
(g) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 15) shall be null and void.
(h) Severability. With the exception of any of the provisions in Section 15(g) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
(a) Entire Agreement. These Terms and any other document, policy, or information referred to in these Terms constitutes the entire and exclusive understanding between you and us regarding the Site and supersede any and all prior oral or written understandings or agreements between you and us regarding the Site.
(b) Severability. These Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and subject to Section 15(g), the remaining terms of these Terms will remain in full force and effect.
(c) No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. 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.
(d) Third Party Rights. A person who is not a party to these Terms will have no right under to enforce any of its terms.
(e) Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy to the fullest extent permitted under applicable law. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
(f) No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(g) Changes to these Terms. We may, from time to time, change, modify or update these Terms, and the revised Terms will apply prospectively. For easier reference, we will change the “Last revised” date above.
18. If you have any questions about these Terms or the Site, please contact us at support@tarisglobal.com（our Support Email Address）.