Groovy Mix Terms of Service

Hello, and welcome to our Terms of Use.

The following are the Terms of Use for the services (“Terms”) provided by DONUTS (“we”, “us”, or “our”):

Please read this Terms of Use carefully because this govern your access to and use of the DONUTS Services (as defined below), DONUTS Content (as defined below), and User Content (as defined below) and is legally binding. DONUTS’s Privacy Policy is incorporated as a part of these Terms and, by installing, accessing or using the DONUTS Services you explicitly agree with the terms and conditions of DONUTS’s Privacy Policy and to any terms and conditions included therein by reference.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING THE DONUTS SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH THE DONUTS SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE DONUTS SERVICES OR DONUTS CONTENT.

The “DONUTS Services” means (i) the websites, including any services, applications, games, features and content accessible or downloadable from the websites, and (ii) any other application, game, service, product, feature or content of DONUTS or its licensors licensed, downloaded, or otherwise assessed by you through any third party’s website, platform or source. DONUTS Services also include updates and upgrades as well as accompanying manuals and documentation, and all copies thereof.

Your access to or use of the DONUTS Services may have different service-specific terms and conditions (“Rules”) posted on our websites or third party websites or platforms (such as terms related to a specific mobile game), or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect to your use of, or access to, the DONUTS Services.

Unless otherwise provided for a specific DONUTS Service, in order to access the DONUTS Services, and to post any User Content on or through the DONUTS Services, you must register through the registration process established by DONUTS and obtain approval from us to access and use the DONUTS Services (“Approval”). Upon Approval, you will become an authorized user of the DONUTS Services (“User”) and be issued a Gamer ID (“Gamer ID”) which is necessary to use the DONUTS Services, and if we determine appropriate, a password for the Gamer ID will also be issued. The Gamer ID and password cannot be modified. The Gamer ID will contain Personal Information (as defined in DONUTS’s Privacy Policy) and Non-Identifying Information (as defined in DONUTS’s Privacy Policy) as well as Virtual Items and Virtual Currency (as defined below).

You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the DONUTS Services, you represent that your legal guardian has read, understood, and agreed to these Terms.

In registering for Approval and a Gamer ID, you agree to monitor and restrict any use of the DONUTS Services by minors. You accept full responsibility for any unauthorized use of the DONUTS Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.

You may not register for Approval or a Gamer ID if you are below the age of 14. In registering for Approval and a Gamer ID, you agree to prevent access to anyone under 14. Since the DONUTS Services are not intended for children under the age of 14 (“children”), access to the DONUTS Services or issuance of a Gamer ID is not knowingly granted to children.

During the registration process, you will be required to provide certain information, including your email address. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. DONUTS reserves the right to suspend or terminate your Gamer ID if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

If you are issued a password, you are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Gamer ID, and you agree to take sole responsibility for any activities or actions under your Gamer ID, whether or not you have authorized such activities or actions. You will immediately notify DONUTS of any unauthorized use of your Gamer ID and/or loss of your password. In the event of loss of your password, you agree that you will solely be responsible for any missing items related to the DONUTS Service, including but not limited to, Virtual Items or Virtual Currency (as defined below).

A Gamer ID will be issued per terminal (e.g., your smart phone, computer, etc.). If you decide to use your Gamer ID for another terminal, you will be required to complete DONUTS’s process for changing terminals.

DONUTS reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the DONUTS Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms or our Privacy Policy, we will post these Terms or Privacy Policy as modified or otherwise provide you with notice of the modification. By continuing to access or use the DONUTS Services after we have posted a modification to these Terms or Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms or Privacy Policy. If the modified Terms or Privacy Policy are not acceptable to you, your only recourse is to cease using the DONUTS Services.

The following types of content will be made available to you through the DONUTS Services:

“DONUTS Content” means DONUTS’s and the DONUTS Services’ name, trademarks, logos, text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, or our licensors’ name, trademarks and logos, and other content made available by DONUTS on or through the DONUTS Services, but excluding User Content (as defined below).

“User Content” means text, data, graphics, images, photos, and any other content uploaded, transmitted or submitted by you on or through the DONUTS Services.

The DONUTS Services and DONUTS Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, DONUTS and our licensors exclusively own all right, title and interest in and to the DONUTS Services and DONUTS Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DONUTS Services or DONUTS Content.

Subject to your compliance with these Terms, DONUTS hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, the DONUTS Content and DONUTS Services solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the DONUTS Services or DONUTS Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by DONUTS or its licensors, except for the licenses and rights expressly granted by these Terms.

By making available any User Content on or through the DONUTS Services, you hereby grant to DONUTS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the DONUTS Services. DONUTS does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the DONUTS Services. Accordingly, you represent and warrant that:

You either are the sole and exclusive owner of all User Content that you make available on or through the DONUTS Services or you have all rights, licenses, consents and releases that are necessary to grant to DONUTS the rights in such User Content as contemplated under these Terms; and Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or DONUTS’s use of the User Content (or any portion thereof) on, through or by means of the DONUTS Services will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will not use the DONUTS Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.

DONUTS owns, has licensed, or otherwise has the rights to use all DONUTS Content and the DONUTS Services, including virtual items (“Virtual Items”) and virtual currency such as “gold” (“Virtual Currency”).

Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the applicable DONUTS Services, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in the applicable DONUTS Services by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you

The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.

You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the applicable DONUTS Services, those Virtual Items and Virtual Currency that cannot be purchased with “real world” money (“Tradable Items”) for any other User’s Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.

Virtual Items and Virtual Currency can never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from DONUTS or any other person.

You are solely responsible for any payments for Virtual Items and Virtual Currency made through a third-party digital media distribution service (“Third-Party Distributor”), and any claims, demands, or complaints made by or against a Third-Party Distributor shall be resolved between you and such Third-Party Distributor. DONUTS will not be liable for any claims, demands, or complaints between you and a Third-Party Distributor.

You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the DONUTS Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.

You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from DONUTS in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from DONUTS that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.

Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Gamer ID.

You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. You understand and agree that DONUTS provides no refunds for any purchases except only as expressly stated in these Terms.

You are responsible and will pay all fees and applicable taxes incurred by you or anyone using the Gamer ID registered to you.

Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download the DONUTS Services from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable third-party publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace, such as, for example, Apple’s iTunes market, Google’s Google Play™ market or the Amazon Appstore for Android™ market.

You are solely responsible for your interactions (including any disputes) with other Users. Even if we choose to offer report user, block user, or similar features on the DONUTS Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using the DONUTS Services and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to contact or meet another User offline, or in person. Your use of the DONUTS Services, DONUTS Content, User Content and any other content made available through the DONUTS Services is at your sole risk and discretion and DONUTS hereby disclaims any and all liability to you or any third party relating thereto. DONUTS reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with DONUTS to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized DONUTS representatives access to any password-protected portions of gamer ID.

You agree not to do any of the following while using the DONUTS Services or using the DONUTS Content or User Content:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person;
impersonates any employee, executive, or customer service support employee of DONUTS;
promotes illegal, harmful, or inappropriate activities or substances (including but not limited to activities that promote or provide instructional information regarding gambling, solicitation for sexual activities or dating, providing alcohol to minors, or the manufacture or purchase of illegal weapons, drugs, or substances).

Use, display, mirror, frame or utilize framing techniques to enclose the DONUTS Services, or any individual element or materials within the DONUTS Services, DONUTS Content, or DONUTS licensors’ trademarks, logos or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without DONUTS’s express written consent;
Access, tamper with, or use non-public areas of the DONUTS Services, DONUTS’s computer systems, or the technical delivery systems of DONUTS’s providers;
Attempt to probe, scan, or test the vulnerability of any DONUTS system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DONUTS or any of DONUTS’s providers or any other third party (including another User) to protect the DONUTS Services or DONUTS Content;
Attempt to access or search the DONUTS Services or DONUTS Content, or download the DONUTS Services or DONUTS Content in the DONUTS Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DONUTS or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing DONUTS Content or DONUTS licensor’s trademark, logo URL or product name without DONUTS’s express written consent;
Use the DONUTS Services or DONUTS Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the DONUTS Services or DONUTS Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DONUTS Services or DONUTS Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the DONUTS Services;
Collect, store, or disclose any Personal Information of other Users from the DONUTS Services, or from other Users, without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Post User Content or take any action that infringes or violates the rights of another User;
Bully, harass or intimidate any User;
Solicit User passwords from another User or collect User Content or otherwise access the DONUTS Services by automated means including but not limited to, bots, robots, spiders;
Create a Gamer ID for anyone other than yourself;
Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Users, or modify or interfere with the DONUTS Services;
Abuse or exploit a bug, glitch or mechanism in the DONUTS Services;
Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation; or
Encourage or enable any other individual to do any of the foregoing.
DONUTS will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and DONUTS Services security issues, to the fullest extent of the law. DONUTS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that DONUTS has no obligation to monitor or record your access to or use of the DONUTS Services or DONUTS Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating the DONUTS Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. DONUTS reserves the right, at any time and without prior notice, to remove or disable access to any User Content that DONUTS, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the DONUTS Services.

We encourage Users to report any suspected misconduct or misuse of the DONUTS Services by sending us an email to email address designated by DONUTS for a specific DONUTS Service.

DONUTS may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the DONUTS Services. You should carefully review the rules of each Promotion in which you participate through the DONUTS Services, as they may contain additional important information about DONUTS’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will supersede.

In the event you intend to transfer any of your data concerning your use of any DONUTS Services (including, but not limited to, User Content, Virtual Items and Virtual Currency) to another mobile devices or to a reinstalled version of any DONUTS Services, you shall comply with the procedures specified by DONUTS and acquire a password from DONUTS for such transfer.

Data transfers shall be limited to transfers between the same version of a particular DONUTS Service on the same platform. Except in the event the transfer is effected by means of an authorized function of the applicable DONUTS Service, you may not transfer any of your data (including, but not limited to, User Content, Virtual Items and Virtual Currency) to any other DONUTS Service or to any other service, equipment or device or to any other platform.

Without limiting other remedies, DONUTS may at any time suspend or terminate your Gamer ID and refuse to provide you access to all or any of the DONUTS Services if DONUTS suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by DONUTS; (ii) engaged in actions relating to or in the course of accessing or using the DONUTS Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, DONUTS or any other third parties or any DONUTS Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, DONUTS may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.

You may terminate your Gamer ID at any time and for any reason by sending an email to email address designated by DONUTS for a specific DONUTS Service.

Upon termination of your Gamer ID for any reason by you or us, you will lose all access to such ID. Terminated Gamer IDs cannot be reinstated; any Gamer ID that may be registered by you is a unique ID

If your Gamer ID is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Gamer ID at the time of termination will be lost and no longer be available to you, and you will have no right to them. Virtual Items are not transferable and on termination of the Gamer ID by you or us, you understand and agree that you would not have any right to request for transfer of such Virtual Items.

If your Gamer ID is terminated for any reason by you or us, you understand and agree that DONUTS may redeem and use the Virtual Currency in the Gamer ID at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.

In addition, if your Gamer ID is not used to use the DONUTS Services for a period of three (3) or more years (“Inactive Gamer ID”), you understand and agree that (i) DONUTS may redeem and use the Virtual Currency in the Inactive Gamer ID at such time for any purpose that it may choose, and that on the account becoming an Inactive Gamer ID you will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access via the Inactive Gamer ID up to the ID becoming an Inactive Gamer ID will be lost and no longer be available to you, and you will have no right to them.

YOU AGREE THAT DONUTS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE GAMER ID OR TERMINATED GAMER ID, IRRESPECTIVE OF THE CAUSE.

After any termination, you understand and acknowledge that we will have no further obligation to provide the DONUTS Services and all licenses and other rights granted to you by these Terms will immediately cease. DONUTS will not be liable to you or any third party for termination of the Gamer ID or termination of your use of the DONUTS Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR GAMER ID, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE DONUTS SERVICES OR THAT WHICH IS RELATED TO YOUR GAMER ID MAY NO LONGER BE ACCESSED BY YOU. Furthermore, DONUTS will have no obligation to maintain any information stored in our database related to your Gamer ID or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to DONUTS under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

THE DONUTS SERVICES, DONUTS CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DONUTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
DONUTS MAKES NO WARRANTY THAT THE DONUTS SERVICES, DONUTS CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR FOR A SPECIFIED LENGTH OF TIME. DONUTS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE DONUTS SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE DONUTS SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DONUTS OR THROUGH THE DONUTS SERVICES, DONUTS CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF DONUTS SERVICES MAY BE UPDATED OR TERMINATED IN WHOLE OR IN PART AT DONUTS’S SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES. DONUTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE THIRD PARTY PROVIDER.

You agree to defend, indemnify, and hold DONUTS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to DONUTS, your access to and use of the DONUTS Services or DONUTS Content, or your violation of these Terms.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE DONUTS SERVICES, DONUTS CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER DONUTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DONUTS SERVICES OR DONUTS CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DONUTS SERVICES OR DONUTS CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DONUTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT DONUTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL DONUTS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DONUTS SERVICES OR DONUTS CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED SINGAPORE DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DONUTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE DONUTS’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration 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 in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one (1) arbitrator.
The language of the arbitration shall be English.

These Terms (including DONUTS’s Privacy Policy) constitute the entire and exclusive understanding and agreement between DONUTS and you regarding the DONUTS Services and DONUTS Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DONUTS and you regarding the DONUTS Services and DONUTS Content.

You may not assign or transfer these Terms, by operation of law or otherwise, without DONUTS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DONUTS may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the DONUTS Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by DONUTS via email (in each case to the address that you provide) or (y) by posting on or through the DONUTS Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

The failure of DONUTS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DONUTS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that (i) these Terms are intended to cover any third-party publisher who is an affiliate of DONUTS (“Affiliate Publisher”); (ii) your obligations to DONUTS under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.

The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.

If you have any questions on these Terms, please send an email to “d4dj_en_support.donuts.ne.jp”.