ACCEPTANCE OF TERMS
Welcome to Atomic Island ! Activate provides the services on Atomic Island to you, subject to the following Terms of Service ("TOS"), which may be updated by us (except Section 7 "Content Submitted to Atomic Island") at any point in time without notice to you. You can review the most current version of the TOS at any time on Atomic Island .
DESCRIPTION OF SERVICE
Atomic Island currently provides users with access to a suite of services including the transmission of users' developed content. The suite of services offered by Atomic Island includes, but not restricted to, web and mobile SMS/Java/MMS games; contest and promotions run by Atomic Island and its merchants; mobile and online chat services; purchase of items by users on Atomic Island; purchase of downloadables to designated used mobile phones such as MMS/Java Games/ Ring tones/ Wallpaper; allowing users to create and design their own persona on Atomic Island (known as Atomican). Users' developed content consists of but not restricted to logos, ringtones and jokes, services (the "Service"), MMS, classified advertisements posting, blogs, chat rooms, clans, stores for sale of user created items on Atomic Island. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Atomic Island resources, shall be subjected to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. The service may be delivered to you via the WWW and/ or mobile phone. Activate reserves to the right to limit the delivery of the service to certain mobile phones models, subscribers of certain service provider and/ or mobile communication technology. You are required equipment necessary to make such connection to the World Wide Web and mobile communication, including a computer and modem and valid mobile subscription and compatible mobile phone or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of the use of the Service, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Activate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Activate has the right to suspend or terminate your account and refuse any, all current or future use of the Service (or any portion thereof).
ACTIVATE PRIVACY POLICY
Pursuant to Activate's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. This means that you, and not Activate, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Activate does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the Service to:
a. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, lewd, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Activate official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
e. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
h. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
l. "stalk" or otherwise harass another;
m. collect or store personal data about other users;
n. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
o. use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Atomic Island ;
p. engage in commercial activities without enrolling in Activate-approved affiliate programs. This includes, but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of entry fee;
- displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services;
- displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
CONTENT SUBMITTED TO ATOMIC ISLAND
Activate does not claim ownership of the Content you place on your Atomic Island Site. By submitting Content to Activate for inclusion on Atomic Island Site, you grant Activate the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Atomic Island Site on Activate's Internet properties. This license exists only for as long as you continue to be an Atomic Island member and shall be terminated at the time of your request when your Atomic Island membership is terminated. You are to use your discretion in the nature of content submitted to Atomic Island and its Services. You agree that you are not to submit any content unlawful, harmful, threatening, abusive, harassing, lewd, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in nature. You acknowledge that Activate reserves the right to pre-screen Content, and that Activate and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Activate and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable without any prior notice or further explanation to you. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
INDEMNITY
You agree to indemnify and hold Activate, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Activate may establish general practices and limits concerning use of the Service.
MODIFICATIONS TO SERVICE
Activate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Activate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
PAYMENT MECHANISM
By making an order for the services/ downloads, you are liable to the following:
a. Any transmission, delivery or use of content and/or data through this service may cause you to incur additional fees or charges by the network operator or other telecommunication operators such as inter alia SMS charges. You shall be solely responsible for such fees/charges and Activate assumes no responsibility for the payment of any such fees/charges. Please check with your network operator for the applicable Short Message Service ("SMS") charges.
b. Payment for the service/ download will be by way of operator billing. For Singapore users, you authorize M1, Singtel & Starhub to bill you for any orders made by you into your mobile phone bill and agree to abide by relevant terms and conditions contained in your network contract with M1, Singtel and Starhub.
Activate may change the prices for this service at any time without notice, unless otherwise notified. Such changes shall not apply to passed and ongoing orders. Prices include applicable taxes. Delivery of any orders as a result of your making use of the Service on Atomic Island , pursuant to these Terms of Service will be made direct to your mobile phone. Delivery is conditional in all respects on the following:-
i. your mobile phone must be enabled or set to receive text messages or SMS;
ii. you must have subscribed for SMS services from your network operator;
iii. the content ordered by you must be capable of being received on the receiving mobile phone; (Please note that not all content is compatible with all mobile phones models) Materials can only be sent if your mobile phone is on a compatible network.
c. Delivery of content is network dependent and requires Short Messaging Services ("SMS") ability. Activate shall IN NO EVENT BE LIABLE should any of the content purchased by you fail to perform or be transmitted due to:-
i. network failure;
ii. phone not switched on;
iii. absence of SMS function/ability;
iv: user's mishandling;
v. distortion of message content; or
• non-compatibility of phone model with content/service
• Any other reasons not within the control of Activate
Receipt of every transmission of content ordered by you is NOT GUARANTEED, as Activate is only able to ensure that the transmission of the content has been sent to its operator. In this connection, verification by the operator that a transmission was made shall constitute conclusive evidence of performance on Activate's part. Delivery should normally be effected within twenty-four (24) hours of successful execution of an order.
The content purchased by you is protected by copyright, trademark and/or other proprietary rights of Activate or its suppliers. The content is either property of, or used with permission by Activate. Reproduction, transfer, distribution of part or all of the content, in any form without the prior written permission of Activate is prohibited, except in accordance with the following terms: Activate grants you a non-exclusive, non-transferable, limited license to view, download content for use on your mobile phone solely for non-commercial private purposes, and not for any other purpose, unless otherwise consented to in writing by Activate or provided by applicable mandatory laws. The sale of any content shall constitute the grant by Activate to you of a non-exclusive license to use the content. All other rights vested in the content are reserved and shall remain vested at all times in Activate and/or any other party from whom it may have acquired the right to grant the aforesaid limited licence. You hereby agree that any material created by you through any Services offered on this Site is derived or owned solely by you and shall not contain any item that is unlawful, infringes on the intellectual property rights of any third party or is otherwise unfit for publication.
RECEIPT OF ATOMIC EXPERIENCE POINTS
a. As a Atomic Island member, you will be entitled to earn Experience Points by participating or making use of the services offered on Atomic Island ; in promotions, services and other activities offered by Atomic Island ("Atomic Island Offer") or participating in promotions, services and other activities offered by Merchants ("Merchant Offer"). It is your responsibility to comply with the rules specified by Atomic Island Offer or each Merchant Offer. Whether you are eligible to participate in any given Atomic Island Offer or Merchant Offer, and whether you have complied with the rules for fulfillment of any given Atomic Island Offer or Merchant Offer will be determined solely by either Atomic Island or the Merchant sponsoring such Offer. ACTIVATE reserves the right to invalidate and deduct Atomic Island Offer posted to your Atomic Island Account upon notice by the Merchant that you did not fulfill your obligation under the applicable Merchant Offer rules. ACTIVATE also reserves the right to invalidate and deduct Atomic Island Offer posted to your Atomic Island Account if ACTIVATE determines, in its sole discretion, that you did not fulfill your obligation under the applicable Atomic Island Offer Offer rules. You can check the total Experience Points you have accumulated on Atomic Island through the participation in Atomic Island or Merchant Offer from your Experience Points Transaction Account.
b. No Atomic Island Offer will be awarded for self-referrals or referrals to an inactive Atomic Island Account. An account may be deemed inactive if it has not been logged into during a period of six (6) consecutive months. . ACTIVATE reserves the right to expire, invalidate, deduct, or delay awarding Atomic Island Offer posted to your Atomic Island Account for self-referrals or inactive accounts.
c. Once you fulfill all applicable requirements for an Atomic Island Offer or Merchant Offer, the designated number of Atomic Island Offer specified in such Offer will be credited to your Atomic Island Experience Points Transaction Account. It is your responsibility to regularly check your Atomic Island Account to ensure that Atomic Island Offer has been properly credited and that your Experience Points accumulated in the Atomic Island Experience Points Transaction Account is accurate.
d. ACTIVATE is under no obligation to provide Members with any particular number of Point-earning opportunities or with particular Atomic Island or Merchant Offers. ACTIVATE reserves the right to modify or cancel any Atomic Island or Merchant Offer at any time. ACTIVATE is not responsible for changes to, or discontinuance of, any Atomic Island or Merchant Offer, any Merchant withdrawals from the Program, or for any effect on accrual of Atomic Island Offer caused by such changes, discontinuance, or withdrawal.
e. You may be taxed on your accrual of Atomic Island Offer, depending on the number of Atomic Island Offer you accrue and the tax laws of federal, state, and local jurisdictions. You will be responsible for any and all tax liability arising from your accrual or redemption of Atomic Island Offer.
f. Based on the number of Experience Points you have accumulated, you may be allowed to participate in certain Atomic Island or Merchant Offer that is restricted to the participation to members with a certain number of Experience Points. Atomic Island reserves the sole right to determine the number of Experience Points needed for users to make use of such Offers.
g. Based on the number of Experience Points you have accumulated, you will be awarded membership status on Atomic Island . This membership status is based on the experience level of a user on Atomic Island . This experience level is determined by the amount of Experience Points a user has accumulated. Activate reserves the sole right to determine the membership status and the number of Experience Points needed for each membership status.
h. Atomic Island Offer earned from certain Merchant Offers may not be redeemable for all Rewards. For information regarding restrictions on points, please review the offer details information on the Atomic Island web site. For additional questions about specific Promotions, please address inquiries to ACTIVATE at Activate Interactive Pte Ltd, 152 Beach Road #17-08 , Gateway East, Singapore 189721.
NON-TRANSFERABILITY
a. No Atomic Island Offer earned or granted under the Program may be assigned, sold, bartered or transferred to any third party. Atomic Island Offer do not constitute property, and are not assignable, for sale, or transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any Atomic Island Offer assigned, sold, or otherwise transferred in violation of the Program rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of Atomic Island Offer, and/or liability for damages and litigation and transaction costs.
b. Atomic Island Offer is not combinable with or transferable to other Atomic Island members or to reward programs administered by past, present or future Atomic Island Merchants, Suppliers or other partners.
EXPIRATION
c. Atomic Island Offer expire according to the rules listed below. Expired Atomic Island Offer will be deducted from your account. No refunds or extensions will be given for Atomic Island Offer which have expired.
a) Atomic Island Offer: Except as set forth in Subparagraphs (b) and (c) below, Atomic Island Offer will expire at the end of the month after a period of one calendar year passes from the original date of members' signup.
b) Inactivity: Atomic Island Offer in accounts with no earning or redemption activity, no email activity, and no log in for at least six (6) consecutive calendar months will expire at the end of the month after a six (6) month period.
c) Special Promotions: ACTIVATE reserves the right, from time to time, to offer special promotions with Atomic Island Offer that have shorter expiration periods (than described in Section 22(a) above), for example, three months from the date a member earns the points. The expiration periods and rules for such promotions will be communicated in the promotion materials at the time that such promotions are run.
TERMINATION
You agree that Activate, in its sole discretion, may terminate your password, Atomic Island membership, use of the Service or use of any other Activate service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Activate believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Activate may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Activate may immediately deactivate or delete your Atomic Island membership and all related information and files in your Atomic Island account and/or bar any further access to such files or the Service. Further, you agree that Activate shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS AND PROMOTIONS
Activate runs advertisements and promotions on Atomic Island Sites. By creating your Atomic Island account, you agree that Activate has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Activate on your Atomic Island Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Activate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Activate has no control over such sites and resources, you acknowledge and agree that Activate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Activate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
ACTIVATE PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Activate or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Activate grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Activate for use in accessing the Service.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Activate expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Activate makes no warranty that
(i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the software will be corrected.
c. any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Activate or through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that Activate shall not 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 or other intangible losses (even if Activate has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above relevant Terms again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Activate shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
COPYRIGHTS
Activate respects the intellectual property rights of others and we ask our users to do the same.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and Activate and govern your use of the Service, superceding any prior agreements between you and Activate (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Activate services, third-party content or third-party software.
The TOS and your relationship with Activate shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and Activate agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore . The failure of Activate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to
By mail:
Atomic Island Administrator
Activate Interactive Pte Ltd
1 Maritime Square
#11-20 HarbourFront Centre
Singapore 099253
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