GARENA BLOCKMAN GO USER TERMS

 

1. Introduction

1.1 Garena Games Private Limited and its affiliates and related corporations (individually and collectively, "BMG", "we", "us" or "our") is pleased to offer the Garena Blockman GO platform (the "Platform") and various other features and services, like websites, applications and forums, in order to allow users to play, create and connect (the Platform and all of these various other features and services will collectively be referred to as the "Services"). BMG has established these Garena Blockman GO User Terms (the "User Terms") that apply to use of the Services by all users (including user's Guardians, defined below, as applicable) of the Services ("Users"). Please note that these User Terms only apply to the Platform published by Garena Games Private Limited.

1.2 These User Terms, along with the terms of use for Creators ("Creator Terms"), govern, among other things, what is called "user generated content" or "UGC." UGC is content of any kind or nature, whether material, assets, or otherwise, that Users (including but not limited to Creators (defined below)) upload to, create and publish on, or otherwise generate through or make available on the Services. Any User that has caused UGC to be on the Services is subject not only to these User Terms but also to the additional Creator Terms, which are incorporated herein by reference. All Users are also subject to any other applicable BMG terms of use, policies and guidelines published from time to time ("BMG Terms"). Any capitalized terms used but not defined in these User Terms are as defined in another set of BMG Terms.

1.3 When User uses the Services, User agrees to these User Terms and to any other applicable BMG Terms. User may not agree to these User Terms or any other BMG Terms if User is not legally allowed to, or if User is under 18 years old (or the applicable age of majority in their jurisdiction). Users under the age of majority ("Minor Users") require a parent or legal guardian (a "Guardian") to allow them to use the Services and to agree to these User Terms and the other applicable BMG Terms. By permitting a Minor User to use the Services, the Guardian of the Minor User becomes subject to these User Terms and any other applicable BMG Terms and agrees to be responsible for the Minor User's activities on the Services. If User (or a Minor User's Guardian, as may be applicable) does not agree to these User Terms or any other BMG Terms, User must not use the Services.

1.4 BMG may update or modify these User Terms and any other BMG Terms. If User does not agree to any modifications or updates to these User Terms or any other BMG Terms, User should no longer use the Services. If User uses the Services after BMG has posted updates to these User Terms or other BMG Terms, User is deemed to agree to the updated User Terms and other BMG Terms. BMG has the right to change or suspend the Services (or any portion thereof) at any time upon notice, which may be via an email to User or through a notice on the BMG website (and such notice shall be effective immediately after such email is sent or such notice is posted) and without liability to Users. BMG can change the Services for any reason, including to comply with laws or regulations, to protect Users or to protect BMG's reputation. These User Terms and any other applicable BMG Terms will govern any updates to the Services that BMG makes or provides to User, unless the update includes a separate license, in which case the terms of that license will govern.

1.5 In the event of termination of these User Terms or any other BMG Terms, the rights and duties of BMG and User to each other will terminate, except that all provisions of these User Terms or any other BMG Terms which are to survive expiration or termination will remain in effect.

 

2. Accounts

2.1 To access some elements of the Services, Users need to create a BMG account ("Account"). User agrees to always provide BMG with true and accurate information and to keep that information updated. BMG may take steps to verify the accuracy of the information Users give to BMG. A User must not allow anyone else to use their Account (except for Guardians in the case of a Minor User) and may not transfer their Account to anyone else. If a User thinks that their Account is not secure, User must tell BMG immediately by contacting BMG.

2.2 If User violates these User Terms or any other applicable BMG Terms, User's right to use the Services shall terminate. In response to a violation of these User Terms (or other applicable BMG Terms) by a User, BMG may also (i) suspend or terminate a User Account or a User's access to the Services, or (ii) remove any virtual items or other content that the User has on the Services. BMG may also terminate a User Account where BMG determines, in its sole discretion, that a User is a repeat infringer as contemplated by any applicable law or regulation.

2.3 For any Minor Users, a Guardian may ask BMG to terminate the Minor User's Account by contacting BMG customer support.

 

3. GCubes

3.1 GCubes are a digital, in-game asset that can be purchased and used by Users to acquire things on the Platform. GCubes do not have any value in real currency. GCubes are not a substitute for, nor are they redeemable or exchangeable for real currency, and they do not earn interest. Only those over the age of majority or with Guardian consent may purchase GCubes or engage in other real-money transactions on the Platform.

3.2 When Users purchase GCubes, they are granted a limited, non-refundable, non-transferable, revocable license to use GCubes only for their personal entertainment, in connection with the Services, and in the ways permitted by BMG in the applicable BMG Terms. User's license to use GCubes will end when these User Terms or User's Account are terminated, or in any other way outlined in the BMG Terms.

3.3 Users may obtain a limited license to use GCubes: (i) by purchasing or otherwise receiving GCubes from BMG; (ii) by buying memberships that include an amount of GCubes; or (iii) through other ways that BMG may sometimes offer.

3.4 All payments for GCubes are final and not refundable, except as required by law. Users may not use or distribute GCubes except through the Services and as expressly allowed by BMG. Any use or attempted use of GCubes in violation of the BMG Terms will be void (i.e. automatically cancelled) and may result in immediate termination of User's Account and of User's right to use GCubes. BMG does not recognize or take responsibility for third-party services that allow Users to sell, transfer, or otherwise use GCubes and any such use by a User is a violation of the BMG Terms.

3.5 BMG may put limits on GCubes (e.g. how much a User can acquire) or do things that change the perceived value of GCubes (e.g. lowering the cost to buy them) at any time. Except for the limited licenses granted in these User Terms, BMG has and retains all rights in GCubes. This includes the right to modify, revoke, or terminate a User's license to use GCubes without notice, payment, or liability to User. BMG does not make any guarantees regarding GCubes, or their availability, quality or value.

3.6 Solely through the Services, Users can redeem GCubes to acquire virtual items and other things offered by BMG through the Services. Redeeming GCubes through the Services is solely for a User's personal entertainment and does not create any legally enforceable contract between the User and BMG or any Creator, and the User redeeming the GCubes does not acquire any enforceable legal rights as a result of such transactions.

3.7 When a User redeems GCubes to acquire something on the Platform, the GCubes will be collected by BMG and debited from the User's GCube balance. All such transfers made to BMG are final and, unless otherwise permitted by BMG through its policies or practices, non-reversible.

3.8 When purchasing GCubes from BMG, User (or User's Guardian, as applicable) promises that User has the right to use User's selected payment method and that User's payment method has enough credit available to complete the applicable payment. If User believes someone has gained access to or used their Account without permission, User must notify BMG as soon as possible by contacting BMG customer support. BMG has the right to close any Account with unauthorized charges.

3.9 When a User buys BMG VIP, a renewing subscription, User agrees that BMG will automatically renew the subscription and that BMG is authorized to charge User accordingly until User cancels the subscription. BMG will notify Users of any price increases or changes to the subscription terms (such notification may be via any reasonable means, including a message on the Platform).

3.10 BMG has the right, in its discretion, to suspend the availability of, or remove from the Services, any content (including virtual items and any other UGC) without advance notice. BMG is not liable for any losses User takes as a result of such suspension or removal, and BMG is not required to refund any GCubes or other funds that User has spent on any removed or suspended content.

 

4. Copyright Infringement Claim Process

4.1 We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that was previously uploaded by you to BMG and as to which the User-to-User Complaint Process applies as described below), you may submit a copyright notification by contacting our Copyright Agent at copyright@blockmanmobile.com or

Garena Games Private Limited
Attn: Garena Legal
1 Fusionopolis Place #17-10
Galaxis, Singapore 138522

If a copyright owner is a Minor User, the notification must be submitted by a Guardian or other representative of the rightsholder, rather than directly by a user under the age of majority. You acknowledge that if you fail to comply with the requirements of this section, your copyright notification may not be valid. You must provide the following information in writing:

4.2 Regarding any content that is removed or disabled in response to a copyright notification, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. Any counter-notice submitted on behalf of a Minor User must be submitted by a Guardian or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in BMG's sole discretion.

4.3 BMG's intellectual property policy is to: (i) remove or disable access to material that BMG knows to be infringing the intellectual property rights of third parties or that has been identified in a valid copyright notification submitted by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes other people's copyrights or other intellectual property rights.

 

5. Trademark Infringement Claim Process

5.1 Our policies prohibit you from providing UGC that infringes trademarks. If you provide UGC that infringes trademarks, your UGC can be blocked or removed.

5.2 If you are a trademark owner that believes your trademark is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark rights. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact our Trademark Agent at copyright@blockmanmobile.com or

Garena Games Private Limited
Attn: Garena Legal
1 Fusionopolis Place #17-10
Galaxis, Singapore 138522

When you contact us, please provide the following information in writing:

Please note that the Trademark Agent will only respond to any claims involving alleged trademark infringement.

 

6. Restrictions on Use Of Services

6.1 In addition to any other restrictions set forth in these User Terms or any other BMG Terms, Users may not (a) lease, lend, sell, redistribute or sublicense any part of the Services, (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology, (c) try to get around any technological measure designed to protect the Services or any technology associated with the Services, (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification), (e) use the Services to create malicious or abusive content (as determined by BMG) or any content that violates a BMG guideline or policy; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.

6.2 By using the Services or providing any UGC, Users agree to comply with the Garena Blockman GO Community Standards.

 

7. Disputes Between Users and Creators

7.1 If a User has any issues with virtual items or other UGC created by Creators, User should first contact the Creator directly to resolve the issue. In more serious instances (i.e., issues that may jeopardize a User's safety or wellbeing), User should escalate the issue to BMG's customer service team immediately.

7.2 While BMG is not responsible for issues between Users and Creators, BMG wants to make sure that everyone enjoys the Platform and Services. As a result, BMG has the right (but not obligation) to intervene in issues between Users and Creators so that BMG can try to help resolve them. Except in the case of more serious issues, Users should first make a real, genuine effort to work out a solution with the Creator before escalating any issues between a User and Creator to BMG. If User is either unable to resolve the issue with the Creator, or where it is not appropriate for the User to attempt to work with the Creator to resolve the issue (such as issues that may put a User's safety or wellbeing in jeopardy), User may escalate the issue to BMG's Customer Service team. If BMG chooses to take action in any dispute between a User and Creator, User and Creator agree that BMG's decision is final and Creator and User will accept that decision. User agrees to work with BMG in a timely manner to resolve all such issues, and failure to do so is a violation of these User Terms.

 

8. License to the Services

8.1 Subject to User's compliance with these User Terms and any other BMG Terms, BMG grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that User owns or controls for User's personal, entertainment use, including the right to download and use, in connection with the Services, software that BMG makes available for download as part of the Services, in object code form only.

 

9. Ownership of BMG IP/UGC

9.1 The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives, (the "BMG Intellectual Property" or "BMG IP") are protected by law. All BMG IP is the property of BMG and BMG's licensors. BMG IP includes UGC licensed to BMG by Creators under the Creator Terms. Except as allowed in these User Terms or any other BMG Terms, User may not use any BMG IP contained in the Services unless User gets separate permission from the owner. BMG reserves all rights to the BMG IP not granted in these User Terms or elsewhere in the BMG Terms. Some UGC also allows for independent UGC creation within the UGC by Users of that UGC. Such Users who separately create UGC within another UGC hereby grant BMG and the Creator of the applicable UGC a worldwide, perpetual, royalty free and irrevocable right and exclusive license to use and exploit that UGC in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party.

 

10. Third-Party Services

10.1 Some parts of the Services may include or make available content, tools or other materials from third parties (i.e., people or companies other than BMG) ("Third-Party Services"). Depending on User's age, this could include links to other websites, features that let Users link User Accounts to other accounts (like Facebook), or third-party buttons (e.g., "like" or "share" buttons). BMG does not control or take responsibility for Third-Party Services (including how those third parties use User information). User understands that using the Services could subject User to third-party fees, terms, and/or policies, such as a privacy policy, and User agrees to pay all those fees and to follow those terms and policies.

10.2 User understands that by using the Services, User may come across Third-Party Services that (i) may be considered offensive, or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. User agrees to use the Services at User's own risk and that BMG will not have any liability to User for content (including Third-Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.

 

11. Disclaimers

11.1 Except as may be required by applicable law, BMG is not liable for, nor is BMG obligated to screen, approve, edit or control, UGC that Creators or others upload or otherwise make available on the Services. BMG may, however, at any time and without notice, and without any obligation to User, remove, edit, or block or suspend the availability of any UGC that BMG thinks violates the BMG Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against BMG regarding UGC. If notified by a User or content owner that UGC allegedly violates the BMG Terms, BMG may investigate and decide whether to remove the UGC (which BMG can do at any time, without notice).

11.2 THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMG AND BMG'S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE "AFFILIATED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

11.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BMG OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR BMG THAT IS NOT EXPRESSLY STATED IN THE BMG TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER'S USE OF OR ACCESS TO THE SERVICES, USER'S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

12. General Limitations of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BMG AND ITS AFFILIATES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER'S ACCESS TO OR USE OF, OR USER'S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BMG HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF BMG AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE BMG TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO SGD100 (ONE HUNDRED SINGAPORE DOLLARS) (EXCEPT AS NOTED IN THE ARBITRATION SECTION OR AS OTHERWISE SET FORTH IN THE CREATOR TERMS).

 

13. General Indemnities

13.1 User agrees that User will be responsible for User's use of the Services, and agrees to defend and indemnify BMG and its affiliates from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) User's access to, use of, or alleged use of the Services; (b) User's violation of any part of the BMG Terms, any representation, warranty, or agreement referenced in the BMG Terms, or any applicable law or regulation; (c) User's actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between User and any third party. BMG reserves the right, at BMG's own cost, to take on the exclusive defense and control of any matter subject to indemnification by User (without limiting User's indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with BMG defense of that claim.

 

14. Dispute Resolution, Class Action Waiver, Arbitration and Governing Law

14.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to BMG or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this section. There will be one (1) arbitrator and the language of the arbitration shall be English.

14.2 To the extent permitted by law, User and BMG agree that neither of us will assert a claim against the other as a class action, class arbitration, or in any other similar representative capacity. This class action waiver does not prohibit User and BMG from resolving Disputes through a class settlement approved by a court.

 

15. Miscellaneous Terms

15.1 These User Terms, together with the other BMG Terms, make up the entire agreement between User and BMG regarding the Services. User may not assign the BMG Terms or User's rights under the BMG Terms, by operation of law or otherwise, without BMG's prior written consent. BMG may assign the BMG Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of BMG's and User's respective successors and assigns. If any part of the BMG Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the BMG Terms), and the remaining parts will remain in full force and effect. Nothing in the BMG Terms will be deemed to confer any rights or benefits on a third party (other than Apple as noted in the "Notice Regarding Apple" section). USER AND BMG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.

15.2 Any part of the BMG Terms which by their nature should survive the termination of the BMG Terms, will survive such termination.

15.3 No waiver of any part of the BMG Terms by either User or BMG shall be deemed a continuing or further waiver of any such part or any other part of the BMG Terms, and BMG's or User's failure to assert any rights or part of the BMG Terms shall not be deemed or otherwise constitute a waiver of such right or part.

15.4 The section headers in the BMG Terms are for convenience and will not impact the interpretation of the BMG Terms. Be aware that in all cases where BMG is allowed to make a decision under the BMG Terms, that decision is completely up to BMG. Also, User understands that the BMG Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word "including," or similar is found in the BMG Terms, it means "including, without limitation" and whenever the word "or," is found in the BMG Terms, it means "and/or."

15.5 By using the Services, User agrees to receive certain electronic communications from BMG as described in the Privacy Policy (which User should read for more information). User agrees that any notices, agreements or other messages that BMG sends to User electronically will satisfy any legal requirements.

15.6 When using the Services, User will comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services).

15.7 To the extent any of the BMG Legal Terms are made available in multiple language, in case of any discrepancies or conflicts between the English version of the BMG Legal Terms and any other language version of the BMG Legal Terms, the English version of the BMG Legal Terms will govern and prevail.

 

Last updated: 5 July 2022

 

 

GARENA BLOCKMAN GO CREATOR TERMS

 

1. Introduction

1.1 Garena Games Private Limited and its affiliates and related corporations (individually and collectively, "BMG", "we", "us" or "our") is pleased to offer the Garena Blockman GO platform (the "Platform") and various other features and services, like websites, applications and forums, in order to allow users to play, create and connect (the Platform and all of these various other features and services will collectively be referred to as the "Services"). BMG has established these Garena Blockman GO Creator Terms (the "Creator Terms") to set forth the rules and guidelines for Users who create content and publish it on the Platform ("Creators"). Please note that these Creator Terms only apply to the Platform published by Garena Games Private Limited.

1.2 These Creator Terms comprise many of the terms applicable to Creators, but also contain cross-references to other BMG Terms (such as the Garena Blockman GO Community Standards) that are applicable to Creators. Creators should read and understand those other BMG Terms in addition to these Creator Terms. Creators are also required to abide by the User Terms, both in their capacity as a Creator and also as a User of the Platform. Any capitalized terms used but not defined in these Creator Terms are as defined in another set of BMG Terms.

 

2. Intellectual Property

Rights to BMG Services

2.1 BMG owns or controls all rights in the software tool provided by BMG that allows Creators to create, develop, modify, operate and release content on the Platform ("Tool") and all elements contained therein. Subject to Creator's compliance with these Creator Terms, BMG grants Creator a non-exclusive, revocable, non-sublicensable, and non-transferable license to use Tools solely for the purpose of creating, developing, modifying, uploading, and releasing Creator's UGC on the Platform (the "Tool License"). Creator may only use Tool in a way consistent with these Creator Terms.

2.2 "Templates" are made available by BMG (generally via Tools) and serve as a starting point that Creators can use to more easily create UGC. BMG owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Creator pursuant to the Tool License. Creator may only use Templates in a way consistent with these Creator Terms and using a Template does not give Creator any ownership rights in that Template.

2.3 Subject to Creator's compliance with these Creator Terms and all other applicable BMG Terms, BMG grants Creator a non-exclusive, limited, revocable, non-transferable license to use other content that BMG develops and makes available on the Platform solely for use on the Platform in Creator's UGC (the "Other Content License"). Creator will not be entitled to any payment or other compensation for Creator's use of any content (including any such content that Creator may modify or enhance) that BMG has created or developed or otherwise uses on the Platform.

2.4 Subject to Creator's compliance with these Creator Terms and all other applicable BMG Terms, BMG hereby grants to Creator a non-exclusive, personal, limited, revocable, non-transferable right to use BMG trademarks, whether registered or unregistered, solely for use on the BMG Platform in connection with content or in connection with a virtual item. The use by Creator of any BMG trademarks is subject to the BMG TM Guidelines and all other BMG policies and guidelines and the BMG Terms. All goodwill arising from any use by Creator of any BMG trademarks will inure solely to BMG. Use by Creator of any BMG trademarks off of the BMG Platform (including a trademark that may be contained in the title of a Creator's Experience) are only permitted as set forth in the BMG TM Guidelines.

2.5 BMG reserves the right to terminate the any of the licenses granted in Section 2 (Intellectual Property) at any time and for any reason.

2.6 Through the Services, you may have the opportunity to join a Clan (as defined below). The individual or entity who created the Clan will be deemed the owner of the Clan for all purposes (the "Owner"). If the Owner's account is terminated pursuant to these Creator Terms, BMG may, in its sole business judgment, determine who is the rightful person to be made the new Owner of the Clan (and that user shall be considered the Owner); provided, however, that nothing will obligate BMG to designate a new Owner if BMG in its sole business judgment determines to terminate a Clan. By participating in a Clan, you hereby grant the Owner of the Clan, as such Owner may change over time, the sole and exclusive authority to act on your behalf to authorize BMG to use any UGC created by the Clan as set forth in these Creator Terms or pursuant to any other agreement entered into between the Owner and BMG. An Owner and the members of a Clan may separately agree upon how the Owner may exercise the authority granted to such Owner in these Creator Terms or how the members of a Clan may allocate amongst themselves any payments that may be made to the Owner for any activities undertaken or UGC created by the Clan, but in any event BMG will make any payments due for any activities undertaken or UGC created by the Clan solely to the Owner of the Clan. You hereby waive any claims that you may have against BMG for any payments made to an Owner by BMG, and you agree to seek recovery of any payments due you solely from the Owner of any Clan of which you are a member. Except as may be provided at law, any duty of accounting between an Owner of a Clan and members of such Clan will arise solely pursuant to a written agreement among the Owner of a Clan and its members, and BMG will not be bound by any agreement among the Owner and members. Any reference to "you" in this section shall, in the case of a Clan, only mean the Owner. A "Clan" exists where Creators have joined together to register as a Clan on the Platform in order to release a game or content via the Services. For corporate accounts, the company (or other legal entity) named on the account is considered to be a Clan.

Rights to UGC

2.7 For any UGC that Creator creates, has ever created or will create (including UGC created together with others) and makes available through the Services), then (a) as between Creator and BMG or Creator and Users, Creator retains all copyrights that Creator may hold in the UGC, (excluding any BMG IP that may be contained therein) and (b) in consideration of using the Services and Creator's potential to earn GCubes, Creator grants BMG a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a user of the Services or not) to host, store, transfer, translate, localize, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC that Creator uploads or makes available on the Services in whole or in part (and any trademarks owned or controlled by Creator that are associated with and uploaded to BMG by the Creator for use with Creator's UGC). This includes but is not limited to the right to sublicense to other Users or Creators the right to host, store, transfer, translate, localize, publicly display, publicly perform, reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC on the Services. Creator also agrees (i) to make the UGC available on the Services (and to make the Services themselves available) as contemplated in the BMG Terms; and (ii) in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or BMG as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (collectively, the "UGC License"). BMG's right to market and advertise the Services or BMG using Creator's UGC (an "Ancillary Use") will not include using such UGC in marketing and advertising that is focused solely on promoting Creator's UGC (as reasonably determined by BMG) as part of the Services without Creator's approval, but BMG can generally reference, as determined by BMG, Creator's UGC with other UGC or material (and without Creator's approval) to promote, market or advertise the Services or BMG. BMG may also use Creator's UGC for non-commercial and educational uses to promote the Services (and BMG will reasonably determine whether a use is non-commercial or educational).

2.8 BMG is not required to give Creator any attribution or compensation for any reason nor is BMG required to use the license Creator grants in this Section 2 (Intellectual Property) or exploit any of the rights granted herein. BMG may, in its sole discretion and in accordance with its policies at the time, offer the potential to earn GCubes or money in connection with the exploitation of any rights granted by Creator in UGC. Creator retains the right to delete or update any or all content within that Creator's UGC at any time and at Creator's discretion (and Creator will delete or update such content if required by law) provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Creator Terms or termination or suspension of Creator's Account: (i) Virtual Items created by Creator which were validly redeemed for GCubes or otherwise validly obtained by Users may continue to be accessed and used by such Users indefinitely in accordance with and subject to the terms and policies of the Services; and, (ii) BMG's right to use any UGC or other content that is already in use by BMG pursuant to a license or otherwise in accordance with these BMG Terms or already in use by BMG as part of an Ancillary Use shall continue in perpetuity. In addition to BMG's right to grant sublicenses for UGC, when uploading certain UGC onto the Service, Creator may be asked if Creator would like to share such UGC directly with other Users. Creator is not required to share Creator's UGC directly, but if Creator does agree to grant this right then other Users may use Creator's UGC to create their own UGC on the Service without any obligation to Creator. Where User exchanges GCubes for Virtual Items or Virtual Items are otherwise provided to a User, Creator agrees that, pursuant to the rights granted to BMG herein and regardless of whether the Virtual Items were exchanged or provided to the User, BMG may allow the User to continue to access and use such Virtual Items indefinitely (in accordance with and subject to the terms and policies of the Services) even if the Virtual Items are no longer otherwise accessible on the Platform. BMG's rights under this license shall expressly survive if Creator's Account is terminated for any reason, subject to applicable law.

2.9 The rights Creator grants in these Creator Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won't have separate liability to Creator or anyone else for UGC that Creator has made available on the Services or used on those third party services via BMG's Services.

2.10 Creator must not upload or otherwise make any UGC available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting Creator's obligations under Section 7 (Creator Indemnities) of these Creator Terms (and all other obligations set forth in the BMG Terms), Creator agrees to pay all amounts owed to any person as a result of Creator uploading or making UGC available on the Services. Creator agrees that if Creator at any point ceases for any reason to have full authorization to grant rights in all parts of the UGC that Creator will promptly notify BMG and take such steps as are necessary to restrict or delete any UGC to which Creator is no longer so fully authorized.

2.11 BMG may in its discretion suspend availability of or delete any UGC or other content on the Platform at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates intellectual property principles or any guidelines or policies associated with the Services or if BMG determines in its discretion that any UGC does or may cause harm to the Services or to BMG's reputation. BMG is under no obligation of any kind to Creator for suspending any UGC in accordance with this section .

2.12 BMG fosters creativity and respects the intellectual property rights of all owners of intellectual property, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Creators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services infringes upon its copyrights or trademarks and whose complaint does not concern UGC subject to the User-to-User Complaint Process may submit a notification as further outlined in Sections 4 (Copyright Infringement Claim Process) and 5 (Trademark Infringement Claim Process) of the User Terms. As referred to above, BMG has a policy of terminating in appropriate circumstances Users who BMG determines, in its sole discretion, are repeat infringers as contemplated by the Digital Millennium Copyright Act.

2.13 Notwithstanding Creator's ownership of UGC as set forth in Section 2.7 above (Rights to UGC) and without limiting any other limitations set forth herein, Creator shall in no event create UGC or use Creator's UGC (in any medium or format, including on the Platform or offline): (i) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by BMG), (ii) in connection with false, defamatory, libelous or slanderous statements concerning BMG or otherwise in a manner intended or reasonably likely to disparage BMG or bring BMG into public disrepute, or (iii) in a manner which is intended or reasonably likely to suggest or imply that Creator is affiliated with BMG or that BMG endorses Creator or its use of the applicable UGC.

 

3. GCubes

3.1 BMG may, at its discretion, choose to reward Creators (other than Creators in Indonesia) if their UGC increases User engagement of the Services ("Eligible Creators"). The calculation and form of the reward shall be determined by BMG, possibly in consultation with Eligible Creators from time to time. BMG will consider various indicia of engagement in calculating rewards for Eligible Creators. BMG will track Eligible Creator rewards in the Eligible Creator's Reward Balance, and Eligible Creators may choose to redeem their Reward Balance through the redemption methods offered by BMG from time to time.

3.2 Creator acknowledges that BMG may, through the Services, display and host content and virtual items created by Creator to be enjoyed by other Users through the Services. When a User redeems GCubes through the Services to acquire digital items, the transaction is between the User and BMG.

 

4. Restrictions on Use of Services

4.1 In addition to any other restrictions set forth in the User Terms or other BMG Terms, Creator will not take any action in violation of these Creator Terms.

4.2 BMG wants all Creators to develop their own ideas. Creators agree not to copy other Creators' UGC. Unless Creator has express written permission or a written license from whoever created the content or the UGC to publish the UGC or the content on the Services in accordance with these Creator Terms, Creator must not copy something Creator sees on the Platform or make some minor changes to others' UGC and pass it off as Creator's own. BMG reserves the right to take any action against Creator for any improper copying such as deleting Creator's Account.

4.3 Any Creator who believes that another User or Creator improperly copied UGC previously uploaded to BMG agrees to use the Copyright Complaint Process in the Blockmango User Terms, and not any other form of complaint. This means that a complainant is prohibited from engaging in any form of harassment, Failure to use the Copyright Complaint Process when required is a violation of these Terms. Corporate entities (and those acting on behalf of a corporate entity) may, but are not required to, use the User-to-User Copying Complaint Process.

 

5. Disputes Between Creators & Users

5.1 Creators are responsible for all issues relating to their content and virtual items, including handling complaints from Users in a quick and professional manner.

5.2 If BMG returns GCubes to a User in relation to content or virtual item that a Creator received GCubes for, BMG has the right to deduct or withhold an equivalent amount of GCubes from such Creator.

5.3 If a Creator has a dispute with another Creator (or a User), that Creator must first engage in a mediation with a recognized mediator or mediation service before Creator goes so far as to sue another Creator (or a User) and try and amicably resolve the issue. This does not apply if Creator has a dispute related to someone copying Creator's UGC, which is covered under Sections 4.2 and 4.3 above (Restrictions on Use of Services). Please note that BMG reserves the right to resolve any dispute which may result in termination of Creator's Account and any other action permitted by law, including but not limited to the recovery of civil or criminal penalties.

5.4 Notwithstanding the terms set forth in this Section 5 (Disputes between Creators and Users), Users do have the ability to escalate issues with Creators to BMG as further described in Section 7 (Dispute Between Users and Creators) of the User Terms. If BMG chooses to take action in any dispute between a User and Creator, User and Creator agree that BMG's decision (which may include deducting GCubes from the Creator and crediting GCubes to the User) is final and Creator and User will accept that decision. Creator agrees to work with BMG in a timely manner to resolve all such issues, and failure to do so is a violation of these Creator Terms.

 

6. Creator Representations & Warranties

6.1 Creator is responsible for Creator's UGC and represents and warrants that: (a) Creator is the creator and owner of, or has the necessary rights and permissions, to use and to authorize BMG to use the license that Creator grants to BMG in these Creator Terms; (b) Creator's UGC and the use of Creator's UGC as described in these Creator Terms does not and will not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require BMG to get licenses from, or pay compensation or provide attribution to, any third parties; (iv) result in a breach of contract between Creator and a third party; or (v) cause BMG to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules and regulations and the BMG Terms in Creator's use of the Services.

 

7. Creator Indemnities

7.1 Creator agrees that Creator will be responsible for Creator's use of the Services, and Creator agrees to defend and indemnify BMG and BMG's officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the "Affiliated Parties") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) Creator's access to, use of, or alleged use of the Services; (b) Creator's violation of any part of these Creator Terms, any representation, warranty, or agreement referenced in these Creator Terms, or any applicable law or regulation; (c) Creator's violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between Creator and any third party. BMG reserves the right, at BMG's own cost, to take on the exclusive defense and control of any matter subject to indemnification by Creator (without limiting Creator's indemnification obligations with respect to that matter), and in that case, Creator agrees to cooperate with BMG's defense of that claim.

 

8. Limitations of Liability

8.1 IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BMG HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

8.2 THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO CREATOR FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION IS LIMITED TO (I) THE TOTAL AMOUNT PAID OR PAYABLE BY BMG TO CREATOR UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES BMG OF A CLAIM, OR (II) TO THE EXTENT THAT BMG HAS NOT PAID CREATOR ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES BMG OF A CLAIM, SGD100 (ONE HUNDRED SINGAPORE DOLLARS) (EXCEPT, IN EACH CASE OF THE FOREGOING (I) AND (II), AS NOTED IN THE ARBITRATION SECTION BELOW).

 

9. Privacy

9.1 With respect to content created by a Creator, Creator and BMG both have the right to use certain data related to or obtained in connection with that content in accordance with BMG's Privacy Policy, including for their respective legitimate internal business purposes to support the content and for business analytics, such as: (i) for the improvement and development of the content; (ii) to comply with applicable laws (including law enforcement requests); (iii) to ensure the security of the content; (iv) to prevent fraud or mitigate risk; and (v) to take all reasonable measures to protect all personal information of Users ("User PII") under their control or in their possession from unauthorized access by third parties. Creator agrees that, except as expressly set forth in these Creator Terms and BMG's Privacy Policy, Creator will not use, sell or disclose any User data.

9.2 With respect to User PII (if and to the extent received by Creator), Creator agrees to comply with all applicable data protection laws. Creator will not (i) use User PII to provide services to any third party; (ii) use User PII to build, help build, track or supplement any segments, profiles, or similar records on any individual User, device, or browser across the BMG platform or across any third party websites or platforms; (iii) use User PII to associate the behavior of any individual device, or browser with any segment, profile, or similar record, or supplement any such record based on data of Users; (iv) use User PII to associate any data of Users with any other personal information of the User; (v) sell, disclose, share, rent, lease, syndicate, modify, reverse engineer, decompile, lend, or otherwise alter any User PII; (vi) use User PII for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose; or (vii) retain any user PII longer than necessary for any legitimate legal and business purposes as set forth in the BMG Terms.

9.3 Notwithstanding anything set forth herein, Creators (including any employees, agents, representatives, or any other person acting for such User or on such User's behalf) shall comply with all applicable data protection laws and, in respect of any User's personal data received, (i) are not permitted to use such User's personal data except as reasonably necessary to carry out, respond to, process, or provide the Services; (ii) should refrain from contacting Users using such information outside of the Platform; (iii) are not permitted to disclose such User's personal data to any unauthorized third parties without the User's and BMG's prior written consent; (iv) shall employ sufficient security measures to protect each User's personal data in their possession, retain such data only for as long as necessary for the purposes above and in accordance with the Privacy Laws, and to delete or return such data to BMG upon any request from BMG or when such data is no longer reasonably necessary to be retained; (v) to inform BMG's Data Protection Officer in the event of any potential data breach or other loss of such User's data; and (vi) undertake to execute any data protection or data sharing agreements necessary in accordance with applicable data protection laws to effectuate the foregoing.

 

10. BMG Disclaimers

10.1 The Services are provided "AS IS" and Section 11 (Disclaimers) of the User Terms is incorporated herein by reference.

 

11. Survival

11.1 Any part of these Creator Terms which by their nature should survive the termination of these Creator Terms, will survive such termination.

 

Last Updated: 5 July 2022

 

 

APPENDIX A: GARENA BLOCKMAN GO
EUROPEAN UNION/EUROPEAN ECONOMIC AREA SUPPLEMENTAL TERMS

 

  1. Priority: If there is any inconsistency or conflict between the BMG Terms and these supplemental provisions ("EU Terms") in respect of any residents of the European Union / European Economic Area, the supplemental provisions shall prevail.

  1. Legal Agreement: Notwithstanding anything to the contrary in the BMG Terms, including, but not limited to, Section 1 (Introduction) of the User Terms, User's agreement to the BMG Terms is signified by registering on the Platform.

  1. GCubes and virtual items: User may have the ability to obtain virtual items in the Services using GCubes. User can purchase GCubes against the displayed price within the Services. When User selects one of the available amounts of GCubes, User will be asked to complete the purchase within User's Account and to select one of the available payment methods. Currently, BMG offers payment via Google Play, iTunes, AppStore, Garena Shells and other payment channels. In BMG's reasonable discretion, BMG may amend the available payment methods from time to time. The purchase contract will be concluded at the moment where User clicks on the "Pay Now" button (or other similarly designated purchase button) and the transaction is successfully completed. As a deviation from the BMG Terms, there will not be a direct contractual relation between Creators and Users. If you acquire virtual items, and other things against redemption of GCubes, such acquisitions shall always be concluded between you and BMG, and Creators shall always act on behalf of BMG.

  1. Absolute right in GCubes: As a deviation from Section 3 (GCubes) of the User Terms, and except in connection with User's violation of a BMG guideline or policy or User's breach of any of the BMG Terms, BMG may exercise BMG's absolute right in GCubes in BMG's reasonable discretion only with effect for the future (i.e. no effect on GCubes User already validly holds) and without effect to any notice, refund, compensation, fees or liability BMG may have to User under this Appendix A or binding applicable law. The remaining provisions of Section 3 (GCubes) of the User Terms shall remain unaffected.

  1. Refundability of payments: Nothing in these EU Terms shall limit any statutory rights to refunds Users may have under applicable law.

  1. Limitation of liability: Sections 1 (Introduction), 11 (Disclaimers) and 12 (Limitation of Liability) of the User Terms and Section 8 (Limitation of Liability) of the Creator Terms do not apply. Instead, BMG shall be liable for damages exclusively according to this clause.
    1. a) BMG's liability is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of BMG, as well as for damages that arouse from the lack of a guaranteed characteristic or in case of fraudulent intent.
    2. b) BMG's liability is unlimited for damages caused by BMG, a legal representative of BMG, or designated agent of BMG by intent or gross negligence.
    3. c) In case of a slight negligent breach of a contractual core duty BMG shall, except in the cases set out in Sections 6(a), (b) and (d) (Limitation of liability), only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
    4. d) Liability pursuant to mandatory applicable law remains unaffected.
    5. e) The limitation period for claims for damages shall be one (1) year, except in case of Sections 6(a), (b) and (d) (Limitation of liability) where the statutory statute of limitations shall apply.
  1. Governing Law: As a deviation from Section 14 (Dispute Resolution, Class Action Waiver, Arbitration and Governing Law) of the User Terms, to the extent that the mandatory law of User's place of residence is more favorable than Singapore law, the law of User's place of residence shall apply.

  1. Resolution / Arbitration of Disputes: If User is a consumer (i.e. an individual who, in contracting with BMG, is acting for purposes which are outside User's trade, business, craft or profession), Section 14.1 (Dispute Resolution, Class Action Waiver, Arbitration and Governing Law) shall not exclude User's recourse to the courts. BMG is neither required nor willing to participate in any alternative dispute resolutions schemes with a consumer arbitration panel. Rather, BMG strives to resolve any conflicts as set out in Section 14.1 (Dispute Resolution, Class Action Waiver, Arbitration and Governing Law) of the User Terms. However, please note that the European Commission has set up an Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ that provides information about alternative dispute resolution in the European Union that may be of interest.

  1. Survival: As a deviation from 15.2 (Miscellaneous Terms) of the User Terms, Section 6 (Limitation of Liability) of these EU Terms should survive termination.

  1. General: As a deviation from 15.1 (Miscellaneous Terms) of the User Terms, its provisions on the period for any cause of action shall not apply.

  1. Revocation Policy: If User is a consumer (i.e. acting for purposes outside User's trade, business, craft or profession) and if User purchases GCubes, a membership, or other paid services, User may revoke the contract for the payable Services under the following conditions:
    1. a) Information concerning the exercise of the right of withdrawal
      1. Right of withdrawal. Subject to Section 12, below, User has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of this contract. To exercise the right of withdrawal, User must inform BMG of User's decision to withdraw from this contract by an unequivocal statement to BMG customer support. To meet the withdrawal deadline, it is sufficient for User to send User's communication concerning User's exercise of the right of withdrawal before the withdrawal period has expired.
      2. Effects of withdrawal. If User withdraws under this provision, BMG shall reimburse to User all payments received from User, including the costs of delivery, if applicable, without undue delay and in any event not later than 14 days from the day on which BMG is informed about User’s decision to withdraw from this contract. BMG will endeavor to carry out such reimbursement using the same means of payment as User used for the initial transaction, unless User has expressly agreed otherwise; in any event, User will not incur any fees as a result of such reimbursement.
  1. The right to withdrawal may not exist in respect of certain distance or off-premise contracts for (i) the supply of goods, if such goods were personalised or made to User's specifications; or (ii) the supply of content, if the digital content is not supplied on a tangible medium and performance has begun with User's prior express consent and knowledge that the right of withdrawal will be lost. User hereby acknowledges that in the foregoing circumstances User loses the right of withdrawal. Please note that by purchasing GCubes or digital content from BMG, User agrees to and accepts the immediate performance of the contract and thereby loses the right of withdrawal.

 

Last Updated: 5 July 2022