Last updated on Jan 1, 2020
This Policy will also provide you with instructions on how to opt in or out of sharing information about you with us as well as provide you with information on how you can limit our use of the personal information that you will be providing to us overtime and how to ask us to correct or erase this information.
This privacy statement and the procedures outlined herein comply with EU General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”) and the relevant national legislation of the Countries implementing the GDPR (together the “Regulations”).
We may from time to time make updates to this Policy in order to keep pace with the changes on the Site, our Services and the law. However, we will always continue our commitment to respect your privacy and handle the information that you provide to us in compliance with standard and applicable laws.
This Policy does not apply to the practices of any third-party services, such as Facebook, Instagram, or Twitter that you elect to access or monitor through the Site (the “Supported Platforms”) or to any software or applications developed by third parties that we do not own or control (“Third-Party Apps”). As an example, this Policy does not cover any information or other content you can view via the Site on Supported Platforms (but which was not posted there using the Site) or information you provide to Third-Party Apps accessed via the Site. While we attempt to facilitate access only to those Supported Platforms and Third-Party Apps that share our respect for your privacy, we shall not be responsible and/or liable for the content or privacy policies of any Supported Platforms or Third-Party Apps. We encourage you to carefully review the privacy policies of any Supported Platforms or Third-Party Apps you access via the Site.
BY SUBMITTING YOUR PERSONAL DATA TO BAIYI (IRRESPECTIVE OF THE MANNER OR FORM), ACCESSING AND/OR USING THE SITE, AND/OR REGISTERING, SUBSCRIBING, CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS POLICY AND TO ITS PROCESSING IN ACCORDANCE WITH THE REGULATIONS, AND THAT YOU ARE EXPRESSLY CONSENTING TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS POLICY, PLEASE (I) DO NOT ACCESS THE SITE OR (II) DISCONTINUE YOUR USAGE OF THE SITE IN THE EVENT THAT YOU HAVE ALREADY STARTED USING THE SITE.
Baiyi is the sole controller of the data that we gather from you and we are responsible for your personal data to the extent required by law.
INFORMATION WE GATHER
In general, you can browse Baiyi.com without revealing to us your identity or providing any personal information about yourself to us. But once you provide to us your personal information, you are not anonymous to us.
With or without cookies, the Site tracks usage data, such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring web site (if any) and other parameters in the URL. We use this data to better understand the Site usage in the aggregate so that we know what areas of the Site users prefer. This information is stored in log files and is used for aggregated and statistical reporting. Such information is not linked to personal information gathered elsewhere on the Site and therefore does not contain personal identifiable information.
Also, when you interact with our Site through various social media (such as Facebook, Google+ or Twitter) to log-in to your Baiyi account (the “Baiyi Account”), depending on your privacy settings on your social media accounts, you may enable a two way communication of information between your Baiyi Account and your social media account – this means that your content on the “my gallery” page under your Baiyi Account may be published on your social media accounts and your information on your social media accounts may be published on your Baiyi gallery.
We may also receive from your social media accounts information such as your profile information, profile picture, gender, and username, user ID associated with your social media account, age range, language, state, friends list, and any other information you permit social media to share with third parties. The data we receive is dependent upon your privacy settings with the applicable social media – should the privacy settings allow information to be published on your social media account, you give us permission to access and obtain your information about your friends, contacts and your posts from such social media accounts. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Site.
We may also collect, store, make use of and transfer personally identifiable information about you which may include but is not limited to your full name, user name, password, profile photo, email address, phone or mobile number, IP address, browser information, and any other information you provide in connection with your Baiyi Account.
As Baiyi Face Filter App functionality is fully based on face detection, in order to use Baiyi Face Filter App We shall need Baiyi Face Filter App to process Your images taken by the Device camera. However, all the images taken by the camera shall be processed solely on Your Device and shall not be sent to Our servers, i.e. We shall have no access to such images (We shall not collect, share or store them).
Baiyi Face App face detection algorithms used within processing of Your images are not able to identify a specific person and, therefore, generally cannot be considered as collecting biometric information. However, in case the applicable law stipulates that images captured by the camera or face geometry generated by Baiyi Face App are considered as biometric identifiers, biometric information or similar legal category, hereby You express Your informed written consent on their processing as described in this Policy.
Collectively, all such information referred to in this section shall be referred to as “Personal Information”.
HOW WE MAKE USE OF THE INFORMATION WE GATHER
We collect Personal Information for the following purposes (“Purposes”):
To provide the Services.
To communicate with you about the Site, the Services and your Baiyi Account, including but not limited to sending you a confirmation email when you register with us; responding to enquiries and requests from you or people you have authorised; sending you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance).
Transactions: to consider and/or process your transactions made via the Site and/or the Services; .
Marketing: Where it is in accordance with your marketing preferences, we may use your Personal Information to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Services that we believe might be of interest to you.
To manage, operate, provide and/or administer your access and use of the Site, the Services and your Baiyi Account: If you provide Personal Information in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply Personal Information relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to monitor your ongoing qualification to use such Services.
Internal Business Purposes: We may use your Personal Information for internal business purposes, including without limitation, auditing, data analysis, fraud prevention, to help us improve the content, user experience and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your Baiyi Account and provide you with customer service, and to generally manage the Services and our business.
We only collect personal information about you that we consider necessary for achieving the above-mentioned purposes.
WHAT ABOUT COOKIES?
Cookies are alphanumeric identifiers that we transfer to your device through your web browser to empower our frameworks to perceive your activities and disclose to us how and when pages in our Site are visited and by what number of individuals.
Some browsers have an inbuilt option for turning off the cookie feature, which will prevent your browser from accepting new cookies services, as well as sometimes allowing you to choose on accepting each new cookie in a variety of ways. We, therefore, strongly recommend that you leave the cookies feature always activated, however, because enabling the cookies feature allows you to take advantage of some of our Service’s most attractive features.
The Site may use “session cookies”, which improve your user experience by storing certain information from your current visit on your computer or mobile device, such as log-in information. These enable us to remember your log-in session so you can move easily within the Site. These session cookies have limited functionalities and expirations, and you will be required to re-enter your log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your Baiyi Account contents and related personal information.
HOW WE MAY DISCLOSE YOUR INFORMATION
As a matter of this Policy, we will use your Personal Information to authenticate your access to our Site and we do not in any way sell, rent or disclose any of your personal information to third parties except to the extent required for the performance of their service.
Third Party Service Providers: we may disclose your Personal Information to third party service providers that we use for certain services that they provide to us. When we disclose information to these third party service providers, we disclose such information to enable them to perform the required service. Such third party service providers may have the need to disclose your Personal Information to another party to the extent required for the performance of their services.
Other Corporate Body: For the purpose of providing the Services, we may share our data, including Personal Information about you, with our subsidiaries and affiliated companies or potential partners. To the extent that these bodies may have access to your Personal information, they will treat it at least as protectively as they treat information they obtain from their other users. Notwithstanding the generality of the foregoing, our subsidiaries, affiliated companies and potential partners shall follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law.
Legal Requests: We are obliged to cooperate with law enforcement on inquires, as well as other third parties to enforce laws. Therefore, pursuant to legal process or in response to a verified request by law enforcement or other government officials, we may (and you hereby authorize us to) disclose your Personal Information. However, in an effort to balance your right to privacy and the ability to keep the community free from bad actors, we will not disclose any information beyond what is required to law enforcement or other government officials without a court order or substantially similar legal procedure, except when the disclosure of such information is necessary to prevent a threat to the life, health or security of an individual or corporate entities.
WHAT ARE YOUR DATA PROTECTION RIGHTS?
You have the right to request access to your Personal Information and edit such information and settings, including your consent to the access, collection, use and disclosure of your personal information, in your profile page under your Baiyi Account at any time.
You may also opt out of receiving marketing messages via email by sending us a request at webform at https://yattaplay.com. We will stop sending marketing messages within 30 days from the receipt of your request.
You have the right to delete your Baiyi Account from our servers. Upon the deletion of your Baiyi Account, we will remove your Personal Information from our servers within 30 days. Notwithstanding the generality of the foregoing, to protect Baiyi and its users and in the interest of law enforcement, we will retain your Personal Information in our archives which shall not be made accessible to anyone at Baiyi except as may be required for law enforcement purposes or pursuant to legal process.
After you delete your Baiyi Account, alongside the removal of your Personal Information from our server, we will also disable your Baiyi gallery to prevent access by other Baiyi users. However, we may not be able to delete or prohibit access to the content that you have shared with others on your social media accounts such as but not limited to Facebook, and for the content that other users of Baiyi have saved on their galleries. You understand and acknowledge that you shall no longer have access to your Baiyi gallery after you delete your Baiyi Account. You are hereby advised to back up your content.
DATA MANAGEMENT AND SECURITY
Your Personal Information that you provide to us is processed and stored on our servers with restricted access. Baiyi uses strict security processes and technical safeguards to protect your Personal Information against loss or theft, as well as against unauthorized access or disclosure, to protect your privacy, including firewalls and data encryption at transit and at rest. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, please bear in mind that transmission of information via the internet may sometimes be compromised by unwanted elements thereby, leading to unintended disclosure of your Personal Information.
While we do our best to protect your Personal Information, we do not represent or guarantee that the use of our service will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions. You agree and acknowledge that your use of our Services and Site is at your sole risk, and therefore, we disclaim any and all liability to you relating to the use of your Personal Information by reason of a corruption, virus, interference, hacking or other security intrusions on our services and site.
DATA CONTROLLER FOR WEBSITE SERVICES
Baiyi is the data controller under the Regulations for all services related to the general Baiyi (www.Baiyi.com) website services (“Website Services”).
As your data controller, Baiyi will only retain your Personal Information for as long as necessary and in a manner permitted by the Regulations or other applicable laws for the purpose described in this Policy. We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). Baiyi will follow internally set guidelines and use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access to personal information.
APPLICABLE LAW & LEGAL EFFECT
This Policy is subject to and shall be construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law. This Policy constitutes our privacy notice to you under such applicable law. Your access and/or use of the Site is permitted only on condition of your agreement with this Policy. This Policy does not extend to any website other than our Site, including any website or service you may access by clicking on our Site’s links, or any other party’s use of your Personal Information other than us. We reserve the right, in our sole discretion, to modify, discontinue, or terminate any element of the Site without notice to you.
Only persons aged 18 or older (or who is of the age of legal maturity as determined by the laws of that user’s residence, if older than 18) who may legally enter into contracts may use our Site and Services. We do not knowingly collect information from anyone under the age of 13 (including photographs or videos containing images of persons under the age of 13), and will take steps to delete such information if we learn that this rule has been breached. If you are a parent (or legal guardian) of a minor younger than 13 years of age, please contact us if you learn that your child has registered an account with us or if you find that a user has uploaded and/or saved a photo, video or other depiction of your child on our Site. We will close the minor’s account and remove the photo, video or other depiction of your child expeditiously.
In the event that you have any comments, questions, concerns, feedback or complaints about this Policy or our site, please feel free to reach out to us at:
Baiyi Technologies (Singapore) Pte Ltd
18 Boon Lay Way
We may amend this Policy at any time by posting the amended terms on Baiyi.com and we will notify you by posting an announcement on our Service or sending you an email.
Any changes or modifications to our privacy practices will be posted in this Policy for 30 days before they take effect and users are bound by any changes to the Policy when he or she uses the service after such changes have been posted.
Effective Date: January 1, 2020
Baiyi Technologies (Singapore) Pte Ltd (hereinafter referred to as “[BAIYI]”, “us”, “we”, as the case may be) (an entity incorporated in Singapore) is the owner of a website at [yattaplay.com] (“our Site”) and the Games (as defined below).
Terms of the agreement between you and us.
Changes in our Services.
We reserve the right, in our sole and absolute discretion and without notice to you, to make changes in our Services and to add or to remove any features therein. Any description of how our Services works should not be considered a representation or obligation by us with respect to how our Services will always work.
We reserve the right to change, suspend, remove, or disable access to our Services at any time without prior notice. In no event shall BAIYI be liable for making these changes.
Changes to the Terms.
By continuing to access our Site and/or to use our Services after changes to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised terms, please stop accessing our Site and/or using our Services.
Accessing and use of our Services
The specific game rules, controls and guidelines for each Game can be found within the relevant Game itself. Such rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
You are liable for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
Notwithstanding the generality of the foregoing, you acknowledge and agree that BAIYI may, in its sole discretion and at any time, discontinue providing any part of our Services without notice.
BAIYI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with such unavailability of our Services or discontinuance in providing any part of our Services.
In order for you to use some functions of our Services, you must first register and create an account with BAIYI (an “Account”). To register and create and Account, you must (i) be at least 18 years of age as of the date of registration or must be the age deemed to be legal maturity in the country you live in, whichever is greater, (ii) provide accurate personal information to us and (iii) update your information as necessary so that we always have your accurate information.
Notwithstanding anything in this Agreement, your registration is always subject to our absolute right to reject the same without providing any reason whatsoever.
If your Account is or remains inactive (i.e. you do not log into your Account) for a period of 180 days or more, we reserve the right to delete or deactivate your Account. In such an event, you will no longer be able to access and/or use any [Virtual Money and/or Virtual Goods (as defined below) ] associated with such Account and no refund will be offered to you in relation to the same.
You acknowledge and agree that if you delete or deactivate your Account, or if we delete or deactivate your Account in accordance with these terms, you may lose access to any data previously associated with your Account (including but not limited to your progress through our Games, the level or score you have reached in our Games, and/or any Virtual Money and/or Virtual Goods associated with your Account). For the avoidance of doubt, we shall not be liable for any loss or damage arising from or in connection with the deletion or deactivation of your Account.
Your account is personal to you and you shall not be entitled to transfer or assign your Account to any other person.
Minors and our Services.
If you are younger than 18 years old or the relevant “age of majority” where you live, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to these Terms.
If you do not know whether you have reached the “age of majority” where you live, or do not understand this section, please do not create an Account until you have asked your parent or legal guardian for help.
If you are a parent or legal guardian of a minor who is creating an Account, you must accept these Terms on the minor’s behalf and you will be liable for all use of the Account and/or our Services, including purchases made by the minor, whether the minor’s Account is now open or created later and whether or not the minor is supervised by you during such purchase or other use of the Account and/or our Services.
Personal use of our Services.
You may access and use our Services subject to these Terms for personal use only. You shall not in any event make any commercial use or any derivative use of the services (including but not limited to any use of its individual elements or content). All proprietary content, trademarks, services marks, brand names, logos and other intellectual property displayed in our Site are the property of BAIYI and where applicable, third party proprietors identified in our Site. No right or licence is granted directly or indirectly to any party accessing our Site to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing our Site shall claim any right, title or interest therein. By using or accessing our Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect our Services, our Site and the contents therein. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Services, our Site or the contents therein. You also may not mirror or frame any part or whole of the contents of our Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content.
You may create a hyperlink to our Site from your website, provided that your website shall not imply any endorsement by or association with BAIYI.
Virtual Assets and Subscriptions
Our Games may include virtual currencies such as [“gold bars” and “gems ”] (“Virtual Money”), items or services for use with our Games (“Virtual Goods”) or paid subscriptions (“Subscriptions”) for Virtual Money and/or Virtual Goods (collectively, Virtual Money and Virtual Goods shall be referred to as “Virtual Assets”). You acknowledge that such Virtual Assets and/or Subscriptions may only be used in our Games and you agree that once purchased, Virtual Assets and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Assets and/or Subscriptions are not returnable, transferable or capable of being sold to anyone else in exchange for money, and you will not return, transfer or sell, or attempt to return, transfer or sell any Virtual Assets and/or Subscriptions to anyone else.
If your payment of Virtual Assets and/or Subscriptions is chargeback or reversed, you further agree that BAIYI may, in its sole discretion, restrict your access to your available Virtual Assets and/or Subscriptions in your Account or terminate or suspend your Account and your rights to any Virtual Assets and/or Subscriptions associated with your Account.
You do not own Virtual Assets and/or Subscriptions but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Assets does not reflect any stored value.
Unless otherwise provided by the applicable laws, all sales by us to you of Virtual Assets are final and non-refundable. When you purchase a licence to use Virtual Assets from us, you acknowledge and agree that we shall be entitled to begin the provision of the Virtual Assets to you promptly once your purchase is complete. For the purposes of this Section, a purchase is complete at the time our servers validate your purchase and the applicable Virtual Assets are successfully credited to your Account on our servers.
If you do not connect your game play on a device to an account that is linked to either your Account or social network account, we will not be able to restore any Virtual Assets or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
any risk of loss of Virtual Assets which you purchase from us is transferred to you upon completion of the purchase as described in Section 8.3 above;
any risk of loss of Virtual Assets that you receive from us without making a purchase is transferred to you at the time the Virtual Asset is successfully credited to your Account on our servers; and
any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games),
is transferred to you immediately at the time such Game play data is generated.
The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synchronised between different devices even if you have connected your game play on a device to an account that is linked to either your Account or social network account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in Section 8.3 above; and/or (ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.
We reserve the right to control, regulate, change or remove any Virtual Assets and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may revise the pricing for any Virtual Assets and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Assets from us or our authorised partners through the Services, and not in any other way.
Depending on your platform, any Virtual Assets or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-Game store has the same age rating as the relevant Game.
Without limiting Sections 5.6, 8.4 or 14.1, in the event that we suspend or terminate your account in accordance with these terms, you may lose or forfeit any Virtual Assets and/or active Subscriptions (see Section 8.11) that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
The price for any Virtual Asset you can purchase via our Site or an in-Game store shall be as stated on our Site or in-Game store respectively, at the time you place the order, except in the case of obvious error. [The price is inclusive of all sales taxes and other charges.] Depending on which bank you use, additional charges may be issued by your bank; we have no control over any additional charges issued by your bank and shall not be liable in relation to the same. Please check with your bank on any such additional charges prior to making a purchase via our Website or an in-Game store.
Payment for a Subscription will be charged to your Account at the point of purchase and payment for any renewals will be charged to your Account immediately before or at the point of renewal at [time] (Singapore time) on the day falling one day before the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off the auto-renew setting via your Account settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
Payment may be made only by way of credit card, debit card, carrier billing and Paypal on the Site, or (if purchase is made through other platforms or websites) through such payment method available on such other platforms on websites only. We accept payment via our processing partners, who may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful, your order will not be fulfilled. Your order will only be fulfilled upon the completion of a successful payment transaction – we will endeavour to fulfil your order immediately at the point of purchase.
By making a purchase in accordance with this Section:
you represent to BAIYI that you are authorised to make a purchase by way of your selected payment method and that any payment information you provide is true and accurate; and
you authorise BAIYI to charge you for the items purchased using your selected payment method
You hereby agree to comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You hereby represent and warrant that all information and data that you provide to us in connection with your access and/or use of our Services is and shall remain true, accurate, updated and complete always.
Notwithstanding Section 1.1 above, you acknowledge and agree that Content may also be made available via our Services by you or another user (“User Content”). All User Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. For the avoidance of doubt, you, not us, shall be solely and entirely liable for all User Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, transmit or otherwise make available any User Content:
that is or could reasonably be viewed as unlawful, harmful, threatening, embarrassing, abusive, harassing, alarming, distressing, tortious, defamatory, libellous, vulgar, obscene, deceptive, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
that is likely to, or could reasonably be viewed as likely to incite violence or hatred;
that harms any person in any way;
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property right or other proprietary right of others;
which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
which contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to (directly or indirectly) interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
intentionally or unintentionally violates any applicable local, state, national, or international law; and
which contravenes or violates the Infocommunications Media Development Authority’s guidelines on Internet Code of Practice
You undertake not to:
use our Services to harm anyone or to cause offence to or harass any person;
create more than one Account per platform to access our Services;
use another person or entity’s email address in order to register to use our Services;
use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
disguise, anonymise or hide your IP address or the source of any User 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 our Games or any other part of our Services;
interfere with, manipulate or disrupt our Services or servers or networks connected to our Services or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Site;
attempt to 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 Account holders and/or such 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);
sell, transfer or try to sell or transfer an Account or any part of an Account, Virtual Money and/or Virtual Goods to any parties;
disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
disobey any requirements or regulations of any network connected to our Services;
take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair our Services or the servers or networks connected to our Services;
use our Services in violation of any applicable law or regulation;
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 these terms; or
use our Services in any other way not permitted by these terms.
BAIYI does not control the User Content and therefore does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using our Services, you may be exposed to User Content that you may consider to be offensive, indecent or objectionable.
Under no circumstances shall BAIYI be liable in any way for any User Content, including but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any User Content posted, emailed, transmitted or otherwise made available through our Services.
You acknowledge that BAIYI may or may not pre-screen User Content, but that BAIYI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any User Content that is available on the Site. Without limiting the foregoing, BAIYI and its designees shall have the right to remove any User Content if we receive a complaint from another user; if we receive a notice of intellectual property infringement or other legal instruction for removal; or that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, inaccurate or objectionable.
We may also (but shall not be obliged to) block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from our Services as part of our effort to protect our Services or our users, or otherwise enforce the provisions of these Terms. You agree that you shall evaluate, and bear all risks associated with, the use of any User Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any Content created by BAIYI or submitted to BAIYI, including without limitation information provided via our Services.
You are solely responsible for your interactions with other users of our Services
You acknowledge, consent and agree that BAIYI may access, preserve and disclose your Account information and User Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over BAIYI or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BAIYI, its users and/or the public.
By using our Services and our Site, you agree to indemnify and hold BAIYI, its directors, officers, employees, affiliates, agents, contractors, principals and licensors harmless with respect to any claims, including actions, suits, penalties and fines issued by government agencies, obligations, losses, liabilities, damages, judgments, settlements, expenses and costs arising out of your breach of these Terms, your use of our Services and our Site, or any action taken by BAIYI as part of its investigation of a suspected violation of our agreement with you and these Terms or as a result of its finding or decisions that a violation of our agreement with you and these Terms has occurred. This means that you cannot sue or recover any damages from BAIYI, its directors, officer, employees, affiliates, agents, contractors, principals and licensors as a result of its decision to remove or refuse to process your content available via our Services, to warn you, to suspend or terminate your access to the Services and/or your Account, or to take any other action during the investigation of a suspected violation or as a result of BAIYI’s conclusion that a violations of our agreement with you and these Terms has occurred. Further, this Section obligates you to defend BAIYI or pay for its defence (you pay any judgments, settlements, fines, legal fees and cost) if, as the result of your violation of any of these Terms, a third party sues BAIYI. At its sole discretion, BAIYI shall decide whether to allow you to defend BAIYI or whether BAIYI shall defend itself but you will be obligated to pay for all costs and expenses (including reasonable legal fee) that BAIYI has to pay for the defence.
Our intellectual property rights.
We and our licensors own all intellectual property rights, including patent, trademark, copyright and proprietary rights, to our Content on our Services including but not limited to all graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement our Services. These rights are protected by all applicable laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of our Services in compliance with these Terms. No portion of our Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services in any manner, and you shall not exploit our Service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to our Services (including any compilation of content, postings, links to other Internet resources that we perform) and related software are owned by BAIYI and/or its licensors, who reserve all their rights in law and equity. The use of our Services except for use as permitted by these Terms, is strictly prohibited and infringes on the intellectual property rights of BAIYI or third parties and may subject you to civil and criminal penalties and damages.
Our name “BAIYI”, the BAIYI logo, and other BAIYI trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of BAIYI in Singapore and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, provided that such use is in accordance with these Terms, and you agree not to use our Services for anything else.
You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no ownership or proprietary interest in any of our Services, including without limitation your Account or any Virtual Assets. You shall not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to the same in writing.
By submitting User Content via our Services, you
are representing that you are fully entitled to do so;
grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Content; and
agree that we have no obligation to monitor or protect your rights in any User Content that you may submit to us, but you do give us the right to enforce your rights in that User Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
Reporting copyright infringement claims
We respect other people’s copyrights and expect all of our members to do the same. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification (a “Copyright Notification”) to us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Chapter 63) to our designated copyright agent at the following address:
Baiyi Technologies (Singapore) Pte Ltd
18 Boon Lay Way
You acknowledge that if you fail to comply with all of the requirements of this Section, your Copyright Notification may not be valid. We will respond to Copyright Notification within as soon as practicable and take actions that we, in our sole discretion, deem appropriate, including the removal of the content identified in the Copyright Notification.
Notification to persons accused of copyright infringement:
We will send a copy of the Copyright Notification that we have received to the person or party whose copyrighted material is alleged to have been infringed. If you are a recipient of such a notice, you have the right to challenge the claims in the Copyright Notification. Any information you may have to challenge the claim of copyright infringement should be submitted to BAIYI’s designated copyright agent. A determination will be made by BAIYI as to whether it appears copyright infringement has occurred, and the actions BAIYI will take to address and remedy any copyright infringement found. You will be informed in writing of our conclusions and actions (if any) we have taken in response to a notice of alleged copyright infringement.
We do not provide any legal advice to our users regarding their rights to use a third party’s copyrighted content or how to challenge a Copyright Notification.
Under certain circumstances, we will terminate the account of those of our users who are repeatedly accused of or found to be infringing others’ copyrights.
Protecting your security.
We use reasonable efforts to protect the information we collect from you or you provide us from unauthorised use of third parties. However, we do not represent or guarantee that the use of our Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions.
You agree and acknowledge that you use our Services at your sole risk, and therefore, we disclaim any and all liability to you relating to the use of your information because of a security attack on our Services and Site.
Termination of your Account.
Without limiting any other remedies or any other Section of these terms, if we reasonably believe that you are in breach of these Terms, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
terminate our agreement with you, delete, suspend and/or modify your Account or parts of your Account or restrict your use of the Services;
otherwise suspend and/or terminate your access to our Services;
modify and/or remove any Virtual Money or Virtual Goods that may be associated with your Account;
reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you. For the avoidance of doubt, we shall not be liable to you for any loss or damage arising from or in connection with us enforcing our rights in Section 14.1 above.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES PROVIDED VIA THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED BY BAIYI ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
BAIYI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY AND ALL SERVICES IT PROVIDES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BAIYI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BAIYI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
IN NO CASE SHALL BAIYI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCES OF THE SITE, YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN POSTING OR SAVING A USER CONTENT ON THE SERVICES OR ON THE SITE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
Our Site and our Services are owned and operated by BAIYI in Singapore and BAIYI makes no representation that the contents of our Site and/or our Services are appropriate or available for use in your location. By accessing our Site and using our Services from any other jurisdictions, you are doing so on your own initiative and are liable for compliance with local laws, if and to the extent such local laws are applicable.
Any dispute, claim or controversy at law or equity that arises out of or in connection with our agreement with you, these Terms, our Services and/or our Site (each a “Claim”) shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) 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 to this Section.
The Tribunal shall consist of one (1) arbitrator.
The language of the arbitration shall be in the English language.
Unless otherwise expressly stated, BAIYI may notify you with respect to our Services by sending an email to the email address you provided, or by posting a notice on our Services or our Site
Notices shall become effective (i) (if sent by email of posting a notice on the Services or the Site) immediately.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at BAIYI,
Baiyi Technologies (Singapore) Pte Ltd
18 Boon Lay Way
Relationship of parties.
Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between BAIYI and you. Neither party shall have any authority to bind the other in any way.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BAIYI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BAIYI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, your access of our Site and/or use of our Services are governed by and shall be construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law.