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TERMS OF USE

UPDATED: August 17, 2023

1. Introduction

1.1. Welcome to Off The Grid! Off The Grid is an upcoming cyberpunk-styled Battle Royale third  person shooter that aims to evolve the genre through strong emphasis on narrative progression and player freedom (“Game”).

These Terms of Use are entered into by and between you (“You” or “User”) and POSEIDON 133 PTE. LTD, a company incorporated under the laws of Singapore under registration number 201502546D, with registered office at 39 Robinson Road №14-01 Robinson Point Singapore 068911, Singapore (“Company”, “we” or “us”)

1.2. These Terms of Use set forth the terms and conditions, together with any documents they may incorporate by reference, that govern your access to and use of the Off The Grid website located at https://gameoffthegrid.com (the “Website”) and any content, functionality, and services offered on or through the Website.

1.3. Please read these Terms of Use carefully before using the Website. If you do not agree to these Terms of Use, you must not access or use the Website

1.4. By accessing or using the Website, you represent and warrant that you are of legal age, in the jurisdiction where you are ordinarily resident or from which you access the Website, to enter into a binding contract with us (“Your Jurisdiction”). If you do not meet these requirements, you must not access or use the Website. 

1.5. The Company reserves the right to change or modify these Terms of Use at any time at its sole discretion. Such changes or modifications can occur for various reasons, including but not limited to accommodating the release of the Game and complying with legal obligations.

You agree and understand that by accessing or using the Website following any change to these Terms of Use, you agree to the amended Terms of Use and all of the terms incorporated therein by reference. Check the Terms of Use periodically to make sure you understand the rules that apply when you access or use the Website.

The Company may have special terms for certain features or functions of the Website, and these will become part of these Terms of Use when you use them.

1.6. You acknowledge and agree that the form and characteristics of the upcoming Game, as well as any of of its components promoted on the Website, may be altered from time to time without prior warning to you

1.7. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS OF USE, AND USE THE WEBSITE IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS OF USE, PRIVACY NOTICEAND COOKIE NOTICE.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OUR PRIVACY NOTICE, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE WEBSITE.

2. Company s Content

2.1. The Company may produce and display content on the Website, which includes, but is not limited to, information, texts, images, video and audio files (the “Company's Content”).

2.2. The Content does not constitute any form of professional advice, unless specifically stated otherwise.

3. Ownership

3.1. Unless otherwise indicated in writing by us, the Website and all the Company's Content are the proprietary property of the Company or its affiliates, licensors.

3.2. You must have our explicit written permission to utilize any of the Company's Content. The Company's Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company.

You must also have our explicit written consent to use link to the Website or otherwise use framing techniques to enclose any of the Company's Content. In addition, the design and appearance of the Website and the Company's Content, including but not limited to page headers, custom graphics, button icons, and scripts, are the service mark or trademark of the Company and cannot be copied, imitated, or used un any way without our prior written consent.

3.3. You understand and accept that you will not have any ownership or other rights in the Company's Content, and that all rights and any use of it will always belong to and benefit the Company.

3.4. The Website includes confidential and exclusive data and information that may be owned by or licensed to the Company. This proprietary information includes, but is not limited to ideas, data, design, layout, look, appearance and graphics provided to you by the Company. Copying the Website or the idea of the Game (and any content or materials therein) is prohibited other than upon receiving explicit written consent of the Company for the copying.

3.5. You acknowledge and agree that as between you and the Company, title to and ownership of the the Company's proprietary processes and technology used in the operation of the Website, content on the Company's social media accounts (e.g., Facebook, Twitter, YouTube, LinkedIn), the Game, which will be released in the future, and all intellectual property rights relating thereto, including without limitations: copyrights, software and user-interface designs, architecture, documentation (both printed and electronic), know-how, data, databases, templates, trademarks, patents, trade names, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by the Company or licensed to the Company from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by the Company or you (collectively, “Company's IP”), are and will remain vested in the Company at all times and for all purposes. You will not challenge, contest or otherwise take any action inconsistent with Company's rights in and to the Company's IP.

3.6. The Content does not constitute any form of professional advice, unless specifically stated otherwise.

4. Disclamer of Warranties

4.1. THE COMPANY'S PRODUCTS, INCLUDING THE WEBSITE AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE COMPANY'S PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE OR THE COMPANY'S PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT ANY COMPANY PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

4.2. WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SERVICES. WE ARE NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND OUR CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE COMPANY'S CONTENT OR SERVICES. WE MAY, TEMPORARILY AND UNDER CONSIDERATION OF OUR OR OUR PARTNERS' LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE COMPANY'S CONTENT OR SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE COMPANY'S CONTENT OR SERVICES. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, INCLUDING THE USE, VALIDITY, QUALITY, SUITABILITY, FITNESS OF THE COMPANY'S CONTENT, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLIANCES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

5. Limitation of Liability

5.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF USE, THE WEBSITE OR FOR ANY DAMAGES RELATED TO LOSS OF USE OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, ANY COMPANY'S CONTENT OR THIRD PARTY WEBSITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

6. Force Majeure

2.1. We will not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay is due to any circumstances beyond our reasonable control (including but not limited to wars and other military operations, earthquakes, floods, and other natural disasters failure of power supply or communication system, , adoption of laws and regulations by state and local authorities,whether known or unknown at the time the parties enter into these Terms of Use) (each a “Force Majeure Event”).

7. Governing Law and Dispute Resolution

7.1. These Terms of Use, your access and use of the Website, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of Singapore ('Applicable Law'). 

7.2. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.

7.3. If you and the Company fail to reach an agreement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

8. Breach and Remedies

8.1. Violation of these Terms of Use will result in liability under the Applicable Law, unless otherwise provided in the Terms of Use. 

8.2. To the extent permitted by the Applicable Law, the Company and/or any of our employees, officers, managers, directors, agents, licensors, partners, associated service providers, subcontractors, affiliates or other representatives shall not be liable for: 

  • 8.2.1 - The accuracy, completeness of the Company's Content;
  • 8.2.2 - the accuracy, completeness, or content of any websites linked to the Company's Content (through hyperlinks, banner advertising, or otherwise);
  • 8.2.3 - property damage of any nature, connected with the use of the Company's Content; 
  • 8.2.4 - Third-party conduct;
  • 8.2.5 - any unauthorised access to or use of the Company's servers and/or any content, personal information or other information and data stored if such unauthorised access did not directly occur due to the Company's actions or inactions; 
  • 8.2.6 - any interruption or cessation of access to the Company's Content; 
  • 8.2.7 - any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Company's Content or any third-party websites;
  • 8.2.8 - any loss or damage of any kind incurred as a result of your use of the Company's Content, whether or not we advised of the possibility of such damages;
  • 8.2.9 - other risks associated with the use of online platforms and ​​websites;
  • 8.2.10 - the third parties' services, whether associated with the Company's Content or not. ;

8.3. You understand and agree that your access to and use of the Website and any services connected with it, is at your sole risk, and that such services are provided 'as is' and 'as available' without warranties of any kind, whether express or implied.

8.4. If you breach any provision of or undertaking under this Agreement, the Company shall have the right to seek specific performance or other lawful remedies in respect of your obligations under this Agreement.

8.5. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless us from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney fees) arising from:

a) your use of the Website; 

b) your violation of these Terms of Use and the Applicable Law. 

9. Electronic communications

9.1. You consent that any emails, surveys, other information or feedback ​y​ou provide to the Company through the Website or via any other medium, except for personal data, can be used by the Company in any manner, including, but not limited to, for testimonials, reviews and ratings on the Company on third party websites.

10. Termination

10.1. These Terms of Use are effective from the earliest of the date you use the Website until terminated according to terms and conditions specified in Terms of Use.

10.2. You may terminate these Terms of Use at any time by discontinuing your access to and use of the Website.

10.3. You agree that we reserve the right, without notice and in our sole discretion, to terminate your ability to access or use the Website and all the Company's Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event. All obligations (including ownership, confidentiality, disclaimers and limitations of liability, governing law and arbitration) that are by the nature intended to survive the expiration or termination of these Terms of Use shall survive and you will continue to be bound by these obligations. 

10.4. The Terms of Use shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms of Use.

11. Severability

11.1. If any term, clause, or provision of these Terms of Use is found to be invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

12. Assignment

12.1. We may assign our rights under these Terms of Use without your consent at any time and without notice.

13. Relationship

13.1. Nothing in these Terms of Use constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably save as expressly stated in these Terms of Use.

14. Entire Agreement

14.1. These Terms of Use and all documents referenced herein comprise the entire and integrated agreement between you and the Company regarding your access to and use of the Website and the Company's content, and replaces any and all prior discussions, agreements, and understandings of any kind (including without limitation prior versions of this agreement). These Terms of Use are not meant to give any other person or entity any rights or privileges, unless stated otherwise.

15. Contact Information

15.1. If you have any questions or would like to obtain more information about the Website or the Game, please contact the Company at [email protected].