Match Seaside Terms of Service
Last Updated: May 12, 2026
Effective Date: May 12, 2026
Welcome to Match Seaside!
These Match Seaside Terms of Service ("this Agreement") constitute a binding legal agreement between you and Elementa Games Pte. Ltd., a Singapore company with its address at 9 North Buona Vista Drive, #02-01, the Metropolis, Singapore, along with its affiliated companies (referred to as "we", us, "our", or "Elementa Games"). This Agreement governs your download, access and/or use of Match Seaside and any other services we may provide in relation to Match Seaside or our official website, such as customer support, social media features, in-app purchases, contests, tournaments and other Match Seaside-related services (collectively, the “Services”).
We hereby remind you to read this Agreement carefully and fully understand the terms and conditions herein for it contains important information about your rights and obligations.
By using Match Seaside or any of the Services, you are deemed to have read, understood and agreed to be bound by this Agreement. If you do not agree with this Agreement, please do not use Match Seaside or the Services.
By clicking “Agree,” “Accept,” “Next,” or similar options, or by downloading, installing, or using Match Seaside or the Services, you confirm that you have read and accepted all the terms in this Agreement,which will take effect immediately upon your acceptance
You can also access this Terms of Service by the following means: “Settings> Terms of Service” or at 【matchseaside.elementagames.com】.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Eligibility and Protection of Minors.
Our Services are not directed to children or adolescents. By accessing and using Match Seaside and the Services, you must be an adult of the legal age or majority in your country of residence. You affirm that you have reached the legal age of majority, understand and accept this Agreement.
If you are under 13 years old or do not meet the minimum age requirement for using Match Seaside or the Services as stipulated in your country or region, please refrain from using our Services. If you are 13 years old or older but you are a minor (the specific age is determined according to the definition of “adult” age in the laws of the country or region where you reside, for example, under 18 years old in some countries and regions) or you are lacking the legal capacity to enter into an agreement, you must read this Agreement accompanied by your parents (or legal guardians) and use our Services only after obtaining the consent of your parents (or guardians) to all the terms in this Agreement. The above requirements also apply to all amendments or modifications of this Agreement
In order to improve your user experience or enhance product safety performance, we may modify Match Seaside and the Services from time to time. We reserve the right to change this Agreement as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notify you by notifications, in-app announcements or other means to provide you the opportunity to review the changes. You can check the “Effective Date” posted at the top of this Agreement for the latest update time. If you object to any changes, please stop using Match Seaside or the Services or delete your account (Please refer to 4. Your Elementa Games Account for details regarding cancellation and deletion of your account). Your continued access or use of Match Seaside or the Services will be deemed as you have read and agreed to be bound by the updated Agreement. Please check for updates regularly.
3. Match Seaside and the Services
Match Seaside is a match-3 puzzle game application independently developed and operated by us.
Please understand and acknowledge that we may, at any time and to the fullest extent permitted by law, change, update, suspend or discontinue any or all parts of our Services (including game features, content, events, virtual items, or systems) with or without notice, based on user feedback, our operational needs, technical requirements, or legal obligations. We are not liable for any resulting inconveuence or loss except where required by laws and regulations.
You fully understand and agree that game equipment, game currency, and other in-game items are part of the Services. Under this Agreement, we grant you a limited right to use these items in accordance with the terms of this Agreement and any applicable game rules. These items may be subject to limitations, including validity periods, usage restrictions, or specific conditions. If you do not use them within the specified validity period or in accordance with the designated methods, they may become unusable or expire due to expiration, improper use, or other reasons, except in cases of force majeure or circumstances attributable to us.
4. Your Elementa Games Account
You must create an account(if any) or login with third parties to access or use Match Seaside and the Services and provide us with accurate and up-to-date information. If you log in to the Services via a third-party service account, you must also adhere to the terms and conditions governing that third-party account. Should the use of your third-party account be restricted or become unavailable (including, but not limited to, being stolen, blocked, canceled, or deleted), you may be unable to access Match Seaside or the Services. You will need to contact the third-party platform directly to resolve the issue.
Your Elementa Games account is limited to your access and use of Match Seaside and the Services only. You shall not share your account with or transfer your account to anyone else. You agree that you are fully responsible (to us and to others) for properly safeguarding, using, and maintaining your account and password and for taking necessary and effective measures to ensure their confidentiality.
We will be entitled to assume that anyone logging into your account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Elementa Games account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including loss of your password, theft of your account, or any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
It is important that you keep your account password confidential and that you do not disclose it to any third party. We will never ask for your password outside Match Seaside or our official website. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at matchseaside_cs@elementagames.com. Upon receiving your valid request and verifying your identity, we will take appropriate actions as soon as reasonably possible, but we do not guarantee to successfully retrieve your account. In such case, we may suspend or terminate such account or take measures that we consider appropriate to assist you.
If we discover any illegal actions, breach of this Agreement, or violation of the game rules (if any), we reserve the right to take corrective measures against your account, including but not limited to issuing a warning, restricting or suspending access to some or all of the Services, deleting your account, game data, and any related information, or blocking the account until deletion. You will bear all consequences arising from such actions.
By Us: We may disable or delete your account at any time if you have failed to comply with any of the provisions of this Agreement.
By You: If you wish to cancel or delete your account, you can do so by applying for an account deletion via “Settings”> ”Delete Account”> “Apply for account deletion” in Match Seaside. Please understand that for security reasons, your account cannot be deleted unless you follow our instructions.
We kindly remind you that, if your account is deleted due to any of the above reasons, such deletion will prevent you from accessing or using Match Seaside features and the Services, and such deletion is irreversible. Once your account is deleted, we will delete or anonymize your relevant information. You may permanently lose access to any data associated with your account, including without limitation, your progress through our Services and/or the level or score you have reached in Match Seaside and any virtual content associated therewith.
If you signd in to the account of Match Seaside through a third-party account (e.g., via “Google ID”), you may need to request account deletion from such third party provider. We have no obligation to reinstate your account and shall not be liable for any loss of data resulting from either your own deletion of the account or our deletion of the account in accordance with this Agreement.
For further details on the procedures, conditions, and consequences of deleting your account, please refer to the information provded on the deletion page, or reach out to our customer service team.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, non-transferable, personal, revocable, limited license to download, access, install and use Match Seaside and the Services. You may install, use, display, and run Match Seaside and the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding Match Seaside in this Agreement. If you wish to obtain other rights with regard to the use of Match Seaside(such as streaming, video recording for monetization, or other commercial activities), you shall separately obtain a formal written permission from us. Any updates, patches, new content, or additional features we provide for Match Seaside shall also be governed by the terms of this Agreement.
6. Your Access and Use of Match Seaside and the Services
Your access to and use of the Services is subject to this Agreement, Match Seaside Privacy Policy and other applicable rules and all applicable laws and regulations. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, immediately stop accessing and/or using our Services.
You agree that you will not:
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize Match Seaside, the Services or related data, without our consent;
• Gather in-game features or virtual items for sale,exchange, or distribution outside of our Services;
• Organize, promote, facilitating, or participate in any event involving wagering on the outcome, or any other aspect of, Match Seaside, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without our authorization;
• Upload, transmit, distribute, store or otherwise make available in any way:
a) any material which is defamatory, libellous of any person, obscene, offensive, pornographic, hateful or inflammatory;
b) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
c) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
d) any material that contains a threat of any kind, including threats of physical violence;
e) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
f) any material which consists of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
• Unreasonably undermine or disrupt the game experiences of others or affect other players;
• Take any action that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights
• Post anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
• Violate the intellectual property rights of Match Seaside or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
• Disguise, anonymise or hide your IP address or the source of any content that you may upload;
• Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• Remove or amend any proprietary notices or other ownership information from any part of our Services;
• Interfere with or disrupt our Services or servers or networks that provide our Services;
• Attempt to modify, decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• "Harvest", "scrape" or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to "pixel tags" cookies, graphics interchange formats ("gifs") or similar items that are sometimes also referred to as "spyware" or "pcms" (passive collection mechanisms));
• Disobey any requirements or regulations of any network connected to our Services;
• Use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or this Agreement;
• Use our Services in any other way not permitted by this Agreement;
• Otherwise violates laws and regulations, this Agreement, Match Seaside Privacy Policy or any additional terms concerning a specific service that are provided when you sign up for or start using such service.
• Export or re-export Match Seaside, the Services and/or other information or materials provided by us hereunder, unless permitted by applicable law and with our written authorization.
Violation of these rules may result in account suspension or termination without refund.
The Services, including Match Seaside, all content, artwork, music, text, audio, video, UI designs, graphics, layouts, software, and other elements, are owned by Elementa Games or its licensors. Your use of the Services is licensed, not sold, to you and you acknowledge and agree that you have no owership or other property interest in any account that you create. We reserve the intellectual property rights to Match Seaside, the Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use Match Seaside and the Services, you should separately obtain formal written permission from us.
7.2 User-Generated Content (UGC)
By creating, using and/or uploading, or publishing any content ("UGC") through Match Seaside and the Services to publicly accessible areas of Match Seaside App or other Match Seaside-related platforms, you grant to us and our sub-licensees a permanent, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display and create derivative works of such UGC (in whole or in part) in connection with the Services, for commercial or non-commercial purposes, without further notice or compensation to you. You represent and warrant that you own or are authorized to use all intellectual property rights in the UGC and that its use by Elementa Games will not infringe on the rights of any third party.
You retain any personal rights in the UGC, including authorship and attribution rights, subject to Elementa Games’ discretion in determining how UGC is displayed, attributed, or used. You may not upload UGC containing content in which Elementa Games holds rights for commercial purposes without prior written authorization.
All Game Data generated through your use of the Services, including virtual item purchases and gameplay data, remain the property of Elementa Games. Elementa Games may retain, use, or dispose of such data in accordance with applicable laws.
8. Software and Services Provided by Third Parties
In order to facilitate your use of Match Seaside and the Services, we may incorporate or rely on third-party software or services. Any results, out-puts, content, or access you receive through the use of such third party software or services, are provided directly by the third party (including but not limited to the services and contents provided by the third party that you get access to via Match Seaside, this Services, or other Match Seaside-related platforms). In addition to the terms of this Agreement, you shall comply with all applicable requirements related to such third parties when using software or services provided by such third parties. We cannot guarantee the security, accuracy and validity of any services and contents provided by third parties, and to the fullest extent permitted by applicable law, you assume all relevant risks and responsibilities arising therefrom.
Whether the third-party software or services are pre-installed in Match Seaside or the Services, or activated or subscribed by yourself, you understand and agree that Elementa Games disclaim all express or implied warranties with respect to the security, accuracy, reliability, completeness, and validity of the services and contents provided by such third parties. You further acknowledge that there may be other risks inherent in the use of such third party software and services, and you assume full responsibility for any such risks to the fullest extent permitted by applicable law.
Any dispute between you and the above third-party software and services providers shall be settled by you and such third party with you taking relevant responsibilities, if any. You acknowledge that Elementa Games is not a party to such disputes, and you agree to assume any responsibilities, liabilities, or consequences that may result from your interactions with or use of third-party software or services.
You understand and agree that although Match Seaside are currently offered for your download free of charge, you may need to pay us the fees determined according to the payment plan or the in-app purchase amount that you have selected in consideration for the access to and use of some features or functions of Match Seaside and the Services. All amounts paid are non-refundable unless otherwise required in accordance with the relevant laws and regulations.
We reserve the right to modify our prices at any time and we will provide notice to you through in-app announcements or messages according to applicable laws or regulations. Your continued use of the Service after a price change constitutes your agreement to pay the updated amount.
We also reserve the right to display advertisements in Match Seaside and the Services.
Your use of Match Seaside and the Services will consume resources on your device, including but not limited to bandwidth, traffic and other system resources. Fees for the above resources such as Internet access fees, SMS charges, and payment for the Software's value-added services shall be borne by yourself.
We may offer you “Match Seaside Coins” that you can use to purchase in-app virtual items either on a promotional basis or for purchase. Such “Coins”and other virtual items have no monetary value (i.e., are not cash or cash equivalent), and do not constitute currency, property, or any other form of legal or financial interest, cannot be sold or transferred to, or exchanged with third parties, including other users (except for features explicitly permitted by features in Match Seaside), cannot be used outside the Match Seaside Services, and cannot be exchanged for cash or for any other goods or services. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased “Coins”or other virtual items but instead you are granted a limited personal revocable license to use them.
You may not purchase, sell, barter, or trade any “Coins”or virtual item, or offer to purchase, sell, barter, or trade any “Coins”or other virtual items whether for money, other consideration, or items of value, either inside or outside Match Seaside or the Services. Match Seaside and you recognize that any such attempted transfer in violation of this Agreement will be null and void. To the fullest extent permitted by applicable laws, any balance of virtual items does not reflect any stored value.
We reserve the right to control, regulate, modify or remove any virtual item at any time in order to, for example:
• ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;
• perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;
• update or upgrade Match Seaside including updating the structure, design, or layout of the game;
• balance, improve, update, or renew Match Seaside;
• ensure the security of Match Seaside; and
• Prevent or address illegal and/or harmful activities and the use of unauthorized programs or other activities that violate this Agreement.
If we suspend or terminate your account in accordance with these terms you may lose any virtual items that you may have and we will not compensate you for this loss or make any refund to you.
Unless otherwise required by applicable laws and regulations, or as specified in this Agreement, all sales of virtual items by us to you are, in principle, final and non-refundable. By making a purchase, you acknowledge and agree to this policy.
11.2 Specific Circumstances Where Refunds Are Not Provided
We do not provide a refund under the following circumstances, unless required by applicable laws and regulations:
• You are a victim of in-game fraud (we will make reasonable efforts to assist you in restoring your account);
• Your account has been deleted or suspended due to a violation of this Agreement; You have used unauthorized software to access Match Seaside or the Services;
• You choose to delete your account; or
• You have already consumed the purchased virtual items, or paid services.
11.3 Rights of Consumers in the European Economic Area (EEA)
Notwithstanding the foregoing, if you are a consumer residing in the European Economic Area, you have the right to withdraw from your purchase within 14 days of conclusion of the contract and, where applicable, to rescind the purchase under the conditions that may have been established by the payment intermediary or merchant responsible for your purchase (e.g. Google Play).
Under certain circumstances, however, your statutory right of withdrawal may expire early. For example, for immediate access to virtual items, we may ask you to consent to the immediate performance of the contract and to confirm your knowledge that, in this case, you will lose your right of withdrawal upon performance of the contract.
By purchasing virtual items, you confirm that you have read, understood, and agreed to this Refund Policy and recognize that all sales are, in principle, final and non-refundable unless otherwise stated or required by applicable law.
When you are using Match Seaside and Services, we may need to collect your personal data to provide you the Services. We pay great attention to the protection of your personal data and has made Match Seaside Privacy Policy which forms an integral part of this Agreement. The Match Seaside Privacy Policy states the detailed information of the way Match Seaside collects, uses, stores, transfers, and discloses your personal data. You may also refer to the details of the Privacy Policy at “Settings” > “Privacy Policy”. We will protect your privacy in accordance with such Privacy Policy.
13. Termination and Breach of Contract
13.1 Suspension or Termination by Elementa Games
We may suspend or terminate your access to and use of Match Seaside and the Services, in whole or in part, at any time without prior notice, for any reason if you:
• are deemed to have violated relevant applicable laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules (including but not limited to Match Seaside Privacy Policy);
• take any action which, in our sole discretion, that would or might cause damage to, impair, or interfere with the Services or infringe or violate any third party rights;
• use unauthorized software, conduct fraudulent activity, or conduct other behavior deemed inappropriate or harmful to the Services or other users, or violate any applicable laws or regulations, based on the severity of your violation.
We may also suspend or terminate your access to and use of Match Seaside and the Services, in whole or in part, at any time without prior notice under other circumstances where suspension or termination is necessary for operational, security, or legal reasons.
In the event of such suspension or termination, we may delete the content in violation, to limit, to suspend or to terminate your use of Match Seaside and the Services without prior notice, to remove any content or virtual items associated with your account, and/or to take other measures that we consider appropriate. You will not be entitled to compensation or indemnity for such suspension or termination, except for any virtual items that have been purchased but not yet consumed, subject to applicable laws.
13.2 Interruption or Suspension Due to Server Operations
To ensure proper server operation, regular maintenance or emergency maintenance may be required. Service interruptions, suspensions, or delays due to maintenance, hardware or software failures, network provider issues, or other emergency circumstances may occur. These include but are not limited to:
(a) Scheduled inspections, construction, or updates to software and hardware;
(b) Damage to servers that prevents normal operation;
(c) Sudden failures of software, hardware, or electronic communication equipment;
(d) Network line failures or related connectivity issues;
(e) Emergency situations or legal requirements concerning the safety of users or third parties;
(f) Force majeure events or actions attributable to third parties.
We will make reasonable efforts to minimize the duration of interruptions or suspensions, but will not be liable for any inconvenience, loss, or damage resulting from these events.
13.3 User-Initiated Termination
If you wish to terminate this Agreement, at any time you can do so by deleting your account and no longer accessing or using our Services. Please refer to 4. Your Elementa Games Account for details regarding account deletion procedures.
13.4 Treatment of Account Data and Virtual Items Upon Termination
Upon termination, whether by us or by you, we may continue to retain or delete or otherwise manage the information generated during your use of Match Seaside and the Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for any loss or deletion of account data, virtual items, or other content resulting from the suspension or termination of your account.
You will indemnify, release and hold harmless us, our licensors, agents, and all senior managements, directors, employees thereof from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights (including Intellectual Property rights) of any third party by you or by any person that you allow to use the Services.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MATCH SEASIDE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THIS SOFTWARE AND SERVICE.
MATCH SEASIDE DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO DO OUR UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF MATCH SEASIDE AND THE SERVICES, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, MATCH SEASIDE AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT MATCH SEASIDE IS COMPATIBLE WITH ALL DEVICES, OR IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.
17. Governing Laws and Dispute Resolution
The execution, performance, interpretation, modification and disputes settlement of this Agreement shall be governed by the laws of Singapore, excluding its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any dispute or controversy between you and us based on this Agreement shall be first settled through friendly negotiation. If no settlement can be reached through friendly negotiation within thirty(30) days, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the rules of SIAC. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitral award shall be final and binding on both parties. If this arbitration provision is found to be unenforceable for any reason, the parties agree to submit the dispute to the courts of Singapore. You waive any objections based on lack of personal jurisdiction or inconvenient forum regarding venue and jurisdiction, whether in arbitration or court proceedings.
17.3 Class Action and Jury Trial Waiver
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
To the fullest extent permitted by applicable law, we may send you notices (including, but not limited to, rules, reminders, updates, or other information related to the use of our services) through one or more of the following methods: in-game notifications, website announcements, game prompts, official channels, website reminders, mobile messages, emails, or any other contact information you have provided to us.
Once we have sent any notice using the methods described above, it shall be deemed to have been properly served.
The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
This Agreement is made in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.
Our failure to enforce at any time any of the provisions of this Agreement, or our failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
This Agreement constitutes the entire agreement between you and us governing your use of Match Seaside and the Services, and supersedes any prior agreements between you and us relating to the use of Match Seaside and the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.
You can contact us with any questions, inquiries, complaints, or reports related to this Agreement or the Services using any of the following methods:
Contact Email: matchseaside_cs@elementagames.com
Address: 9 North Buona Vista Drive, #02-01, the Metropolis, Singapore
If you are dissatisfied with the Match Seaside or the Services, or penalty measures taken by us in accordance with appliable laws, regulation, policies or this Agreement, you should submit a written complaint to us through the contact methods provided above within seven days from the date of receiving the notice.