USER AGREEMENT AND PRIVACY POLICY

1. CONSENT AND ACCEPTANCE

1.1 PT. Indonesia Intelektual Akademi, a company registered in the EightyEight Office @Kasablanka Tower A lantai 26F,

 Jl. Raya Kasablanka Kav.88, Jakarta Selatan, Indonesia, (hereinafter referred to as “IIA”) has developed an app named MemoryChamp. To use MemoryChamp, the user (hereinafter referred to as "User" or “You”) shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on “Sign Up” during the registration process, the User wholly agrees to all terms of this Agreement and acknowledges that IIA reserves its right to amend or add to this Agreement any terms of use that IIA deems reasonable. The User is required to regularly review the Agreement at https://www.indonesiainteletualakademi.id to get the latest version, and the continual use of MemoryChamp shall be deemed that the User agrees to comply with the latest version of the Agreement.

1.2 The User hereby declares that, (i) the User is not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in the country where the User is located and has the full legal capacity or the User has obtained informed consent from your parents or guardian to use the Web Services; (ii) The information that the User provide in the registration process is correct, true, up to date and accurate.

1.3 Except as stipulated otherwise in this Agreement, the Agreement does not provide for the terms of service relating to the use of other application or other services of IIA. The User shall enter into relevant user agreement if he/she intends to use such app or service.

1.4 In the Agreement, the User and IIA shall be jointly referred to as the “Parties” and any one of them as a “Party”.

2. TERMS AND CONDITIONS

2.1 By entering the Agreement, IIA does not endorse any content produced by any user or other licensor via Hago, or any opinion, recommendation, or advice expressed therein, and IIA expressly disclaims any and all liability in connection with such content.

2.2 For you to enjoy any and all functions provided by the app MemoryChamp (hereinafter referred to as “the Service”) for free, including free access to and use of the Service, you acknowledge and agree that MemoryChamp may generate revenues, increase goodwill or otherwise increase the value of IIA from your use of the Service.

2.3 To its best knowledge, IIA operates MemoryChamp in compliance with applicable laws and/or regulation in jurisdictions where MemoryChamp is allowed to operate. IIA makes no representation that IIA’s user-generated contents or practices would be legal in every jurisdiction. It’s your responsibility to check and see whether MemoryChamp’s operation is prohibited or not in your country of residence.

2.4 You shall ensure that you are civilly capable of accepting the service and not underage based on applicable laws, which constitutes a minor in your resident country. If you are a minor, you are required to acquire permission from your legal guardian to use our app in your resident country. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.

2.5 You shall not reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including but not limited to, pictures or messages you upload to the app. You are solely responsible for securing the rights or license to any third party content, including but not limited to, pictures or messages you upload and share on MemoryChamp or other social medial platforms.

2.6 You hereby agree not to use MemoryChamp to conduct any activities that are against religious principles, public policies or any applicable laws. You shall not use MemoryChamp to conduct any activities that are in relation with terrorism, pornography, religious extremism, drugs traffic or other illegal activities. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.

2.7 You agree not to use the Service for any of the following commercial uses unless you obtain IIA's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;

2.8 You agree not to use or launch any automated system, including but not limited to, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to MemoryChamp servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

2.9 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or enforce limitations on use of the Service or the content therein.

2.10 If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

2.11 IIA may in any event terminate this Agreement by sending a termination email to the User.

3. MEMORYCHAMP ACCOUNTS AND PRIVACY POLICY

3.1 Without our prior written approval, you cannot transfer the account to any other third party.

3.2 You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if IIA disabled your account, you will not create another one without our permission.

3.3 Although IIA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IIA or others due to such unauthorized use.

3.4 IIA may disable your account if IIA reasonably believes that you use this account to carry out any illegal activities.

3.5 IIA values your privacy and agree not to disclose or provide to a third party with your registered information or any non-public content, which may be collected when you use our service unless we get your prior approval or we are requested to disclose by a competent authority under applicable laws or regulations.

3.6 Notwithstanding the foregoing, IIA may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way IIA does.

3.7 IIA may use your information in the app for the rankings and may exhibit them for others to see.

3.8 IIA may exhibit the photos you choose to upload from Instagram in your personal profile of MEMORYCHAMP and You can cancel the uploading and exhibiting anytime.

3.9 Privacy-relevant permissions requested by MemoryChamp:

i CONTACTS OF PHONE

Used for permissions that are associated with accessing the contacts in the user’s device.

This permission allows MemoryChamp to recommend the user’s friends in the contacts to himself so as that they can play games and have fun on MemoryChamp together.

ii PHONE_STATE

Used for permissions that are associated telephony features.

This permission is triggered by Google Play Install referrer API, which allows MemoryChamp to collect information of app downloading and usage. However, we won't collect telephony information such as IMEI and device ID.

iii LOCATION

Used for permissions that are associated with accessing user’s location.

This permission allows MemoryChamp to exhibit the user’s location in the profile and recommend interesting people aside the user’s location.

iv CAMERA

Used for permissions that are associated with accessing camera or capturing images/video from the device.

This permission allows MemoryChamp to capture the user’s selfies in order for them to be viewed in the profile, or allows the user to take photos and send to friends on MemoryChamp.

v MICROPHONE

Used for permissions that are associated with accessing microphone in the user’s device.

The permission allows the user to voice chat with people they meet on MemoryChamp.

vi STORAGE

Used for permissions that are associated with accessing and uploading from the storage in the user’s device.

The permission allows MemoryChamp to download game-related resources, and upload the user’s photos from the gallery in the device to the profile or to friends on MemoryChamp.

vii ADVERTISING ID

Used for permissions that are associated with accessing advertising id provided by google play.

The permission allows MemoryChamp to collect the user’s data of downloading and using MemoryChamp, so as that the user experience and the strategy of advertising MemoryChamp in the market can be improved.

viii HOME SCREEN SHORTCUTS

The permission allows MemoryChamp to create homescreen shortcuts of games in the user's devices and make it quicker and more convenient to start games.

 

4. INTELLECTUAL PROPERTY

4.1 All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of IIA and are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.

4.2 You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.

4.3 IIA shall not be liable for any loss or damage incurred by you when using MemoryChamp or service or incurred by systematic problem.

4.4 Any intellectual property rights of any software, works (including but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You cannot reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.

4.5 The content on your recorded short videos on MemoryChamp, and the trademarks, service marks and logos (hereinafter referred to as "Marks") in the videos, are owned by or licensed to IIA, subject to applicable copyright law and other intellectual property law.

4.6 You hereby grant IIA a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.

5. LIMITATION OF LIABILITY AND INDEMNITY

To the fullest extent permitted by law, in no event shall IIA, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,

i errors, mistakes, or inaccuracies of what you produce on MemoryChamp or other social media,

ii personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

iii any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

iv any interruption or cessation of transmission to or from our services,

v any bugs, viruses, trojan horses, or the MemoryChamp, which may be transmitted to or through our services by any third party, and/or

vi any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not IIA is advised of the possibility of such damages.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless towards IIA, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

i your use of and access to use any and all functions provided by MemoryChamp;

ii your violation of any term of the Agreement;

iii your violation of any third party right, including without limitation any copyright, property, or privacy right; or

iv any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.

6. MISCELLANEOUS

6.1 You agree that: (i) the Service shall be deemed solely based in the Republic of Singapore; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over IIA, either specific or general, in jurisdictions other than Republic of Singapore.

6.2 You agree that the laws of Republic of Singapore, excluding choice of law rules, will apply to the Agreement

6.3 For any dispute arising out of or related to the Service, the Parties agree that such dispute shall be submitted to Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration.

6.4 Unenforceability of some terms of the Agreement shall not affect validity of any other terms in the Agreement. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and IIA's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

6.5 You agree to be bound further by MemoryChamp’s privacy policy at https://www.kaixindou.net/a/license/register.html, incorporated herein in this Agreement by reference. If you do not agree the Agreement, please stop your browsing of our website, your installing of our APP and delete the application from your device if you have already downloaded it.

6.6 This agreement may appear in different languages and the English version shall prevail if any content of any other version in any other language conflicts with the equivalent part of this English version.