Accepting the Terms

These Terms of Service (“Terms”) are a legal agreement between LandShark Games Pte. Ltd (“LandShark”, “us” or “we”) and you (“you”). By registering for, downloading, using and/or accessing the Service (defined below) in any manner, including visiting or browsing the Site (defined below), you agree that you have read, understood, and agree to be bound by:

(i) these Terms;

(ii) LandShark’s Privacy Policy at the Site, as may be amended by us from time to time (“Privacy Policy”), and which is incorporated herein by reference; and

(iii) all such terms and conditions as may be imposed by any third party platform provider or operator from whose site you downloaded the Game (including the iTunes App Store and Google Play sites), or any third party whose application, software, services (including social media platforms such as Facebook and Twitter) are accessible through or used in the course of your use of the Service (“Third Party Terms”).

If you do not agree to the Terms, the Privacy Policy and/or the Third Party Terms, you are not permitted to use the Service or any part thereof. If you have already downloaded the Game and do not completely agree with the aforesaid terms and conditions (or any revisions thereto), you must delete the Game from your Device (defined below) immediately and comply with all the provisions in Clause 10.3 herein.

1. General

1.1 In these Terms, (i) “include” (and its derivatives, such as “including” and “includes”) means to include without limitation; (ii) “Game” means a gaming software application or mobile game application owned, released, operated or made available for general download and use by LandShark on third party platforms (including social networks), including all its content and the services made available on or through it, and any and all updates, upgrades, supplements and releases thereto as may be provided by LandShark from time to time, and includes without limitation the “Zen Koi”, “Zen Koi 2” “Bad Candy”, “Aviator” and “Grifford” games and where the context permits, a Beta Game (subject to Clause 7); (iii) “Site” means the website at http://www.landsharkgames.com, such as may be amended or updated by us from time to time (iv) “Service” means the Game and all features, services and applications offered by us in relation thereto, including such as may be accessible or made available through the Game, the Site or otherwise; (v) “User Content” means any artwork, ideas, plans, drawings, graphic representations, animations, designs, information, files, data, text, graphics, photographs, usernames, profiles, audio, video, items, links, feedback, comments, Submissions, and/or any other content or materials (or their selection and arrangement) that you submit, post or upload to, or make available and/or display on the Game, Service and/or Site, or that you submit to us through any other channel (including by post, email, social media and/or messaging services (e.g. Facebook Messenger, Twitter, etc), including fan art, photos and contest submissions, but excludes any content over which we have Intellectual Property Rights.

1.2 LandShark reserves the right, in its sole discretion, to modify or revise these Terms at any time and without notice, and you agree to be bound by such modifications or revisions.

1.3 You agree that you are responsible for periodically reviewing the Terms for any changes and keeping yourself informed of the most up-to-date version of these Terms, at http://www.landsharkgames.com/terms-of-service/. Your continued use of the Service after a change or update has been made will constitute your assent to and acceptance of the revised Terms.

1.4 From time to time we may issue updates to the Service. Depending on the update, you may not be able to use the Service until you have downloaded such updates or the latest version of the Game and accepted any new or additional terms.

1.5 LandShark reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms.

1.6 You agree that LandShark may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

1.7 You confirm that you are either more than 18 years of age, or if you are below 18 years of age, that you have the full consent of your parent or guardian to use and access the Service and to enter into the terms and conditions set forth in these Terms.

2. Intellectual Property/Ownership

2.1 You acknowledge and agree that all rights (including Intellectual Property Rights), title, and interest, in and to the Service, the entire contents thereof, and all materials that are part of and/or related to the Service (including, but not limited to, domain name(s), trade marks and the “look”, “feel”, “appearance” and “graphic function” of the Service, designs, layouts, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, and such other content as may be produced, generated or displayed on the Service) (collectively “Service Content”) belong to LandShark and/or its licensors, and are protected from unauthorized use under law (including under Singapore copyright laws and/or similar laws of other jurisdictions).

2.2 “Intellectual Property Rights” means all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, trade mark rights, copyrights and all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data.

2.3 You agree that no part or whole of the Service or the Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, adapted, used to create derivative works, leased or sold in any form or by any means, in whole or in part, or otherwise exploited by you or used for any public or commercial purpose without LandShark’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site or the Service.  You shall not copy, reproduce, display or use our trade marks (including “Zen Koi”, “Zen Koi 2” “Bad Candy”, “Aviator”, “Grifford” and the name(s) of any of our Games or similar) in any manner without our express written permission. You shall not use or register any username, domain name, email account, game account, streaming account and/or social media account or channel (including without limitation on Facebook, Twitter, Discord, Youtube, TikTok) that is identical to or similar to any of our trade marks or domain names. Any reproduction or redistribution of Service Content not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You shall in no way contest or deny the validity of, our rights, title and interest to the Intellectual Property Rights in the Service, and you shall not encourage or assist others directly or indirectly to do so.

2.4 You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by LandShark, or any derivative works thereof.

2.5 LandShark grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Service solely for the purpose of viewing and using the applicable Service in accordance with these Terms (including to download, install and use the Game for your personal purposes only on any compatible device owned or controlled by you (“Device”)) and for no other purpose whatsoever. Your license to use the Service is limited by these Terms.

3. Submissions

3.1 We welcome feedback and comments from users regarding the Service. However, please do not send us any unsolicited ideas, suggestions, or proposals other than those we specifically request, so as to prevent misunderstandings if we develop new artwork, functionalities and features for the Service which you perceive to be similar or even identical to your idea.

3.2 You acknowledge and agree that if you send us an unsolicited suggestion, idea, or proposal, or if you send, at our request, a comment or suggestion to improve the Service (including through the Service, Site, via email or otherwise) or other submissions including feedback, fan art, photos and contest submissions (collectively, the “Submission“), such Submission shall not be considered your confidential information or otherwise proprietary to you, and we shall be entitled in our sole discretion, to incorporate some or all of this Submission into the Service and/or the Site or to use it in accordance with Clause 4. We shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for the use or disclosure of any Submission.

4. User Content

4.1 You acknowledge that your User Content are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by LandShark, and you hereby consent to such use. You hereby grant LandShark a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, display, reproduce, modify, adapt, publish, broadcast, distribute, exploit and create derivative works of your User Content (in any form including digitally and in print, without any duty to account to you for any such use) for any purpose as we may require in our sole discretion, and you agree that we may (but shall not be obliged to) use and publish your name in connection with the foregoing.

4.2 You warrant that you own the User Content (except insofar as any rights therein may be owned by LandShark) and have all rights necessary to grant use thereof to LandShark as set forth in these Terms, and that the use or reproduction  thereof will not violate or infringe the rights of any third party. You agree to indemnify, defend and hold LandShark harmless for all claims, liabilities, damages and expenses (including legal fees and expenses on a solicitor-client basis) arising from your breach of this Clause. You agree not to hold LandShark responsible for any liability resulting from the use of the User Content accordance with these Terms.

4.3 You agree that you are willingly publishing User Content on the Service using technology and tools provided by LandShark. You understand and agree that you may not distribute, sell, transfer or license this User Content in any manner, in any country, or on any social network or other medium without the explicit written permission of LandShark. You grant LandShark the right to act as an agent on your behalf as operator of the Service.

4.4 LandShark makes no warranty as to the accuracy, quality, legality or integrity of any User Content posted on the Service. Each user of the Service is responsible for the User Content that it uploads or posts on the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that LandShark will not under any circumstances be liable for any User Content, including, but not limited to, errors or offensive material in any User Content, or any loss or damage incurred by you in relation to your or any user’s the User Content.

4.5 LandShark has no obligation to regulate User Content but it may do so and reserves the right to review all User Content on the Service to remove and permanently delete any User Content from the Service for any reason in the exercise of its sole discretion with or without notice.

5. Virtual Currencies/Goods

5.1 The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from LandShark using either “real money” or Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from LandShark or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

5.2 Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable or transferable, except in LandShark’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.

5.3 LandShark retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and Virtual Currency are subject to change without notice.

6. Rules of Conduct/Usage

6.1 The Service may provide communication channels such as and including forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. LandShark has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. LandShark may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by LandShark, and these communications should not be considered reviewed or approved by LandShark. LandShark will not under any circumstance be liable for any activity within Communication Channels.

6.2 You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. LandShark is not responsible for User Content, personal data or other information that you choose to share on the Communication Channels, or for the actions of other users.

6.3 You shall use the Service in a lawful manner at all times and hereby undertake NOT to do any of the following in connection with your use of the Service:

a) post, upload, transmit or otherwise disseminate information that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable or offensive;

b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, or make personal attacks against other users or statements that are racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;

c) upload, post, publish, distribute, disseminate or otherwise transmit any content in breach of any law or any obligations under contractual or fiduciary relationships (including obligations of confidentiality);

d) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers

e) infringe our, or any third party’s Intellectual Property Rights, rights of privacy or publicity, or any other rights including using, uploading, transmitting, distributing, or otherwise making available any information through the Service in any manner that infringes such rights;

f) attempt to obtain passwords or other private information from other members;

g) improperly use support channels or complaint buttons to make false reports to LandShark;

h) use, develop or distribute counterfeit Virtual Goods or Virtual Currency;

i) cheat or use, develop, distribute, or publicly inform other users of “auto” software programs, “macro” software programs, “cheat utility” software program or applications, or other software or applications which are designed to modify the Game experience to the detriment of fair play;

j) exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;

k) violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;

l) do anything that would interfere with or disrupt the Service or servers or networks connected to the Service servers, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfere with another user’s use and enjoyment of the Service; and/or

m) attempt to gain unauthorized access to the Service, other users’ accounts on the Service, user passwords, private or personal information of users of the Service, or private mailing lists on the Service through password mining or any other means.

6.4 Failure to comply with any provision under these Terms constitutes a material breach. We will determine, in our discretion, whether a breach has occurred through your use of the Service. Where we determine that such a breach has occurred, we may take such action as we deem appropriate including all or any of the following:

(a) immediate, temporary or permanent removal of any content uploaded by you;

(b) immediate suspension or termination of your access to and/or use of the Service or any part thereof;

(c) issuance of a warning to you;

(d) instituting legal proceedings against you for such breach; and/or

(e) disclosure of such information related to the breach to law enforcement authorities as we may feel is necessary.

You agree that LandShark need not provide you notice before terminating or suspending your account(s), but it may do so.

7. Beta Game

7.1 Prior to an official release of a Game, we may make available a beta version thereof (“Beta Game“) to such users as we may permit at our sole discretion, and subject to such additional limits as we may specify (including as to geographic locations).

7.2 The Beta Game is provided for testing on an “as is” and “as available” basis and we make no warranty, expressly or by implication, to you of any kind with respect to the Beta Game.  All rights reserved and/or exercisable by LandShark hereunder with respect to the Service, and all disclaimers of liabilities, limitations of liabilities and exclusion of warranties with respect to the Service (including such as may be specified under Clause 9) shall apply to the Beta Game to the fullest extent permitted by applicable law, as if it were part of the Service.

7.3. You acknowledge, understand and agree that you download, use, play and test the Beta Game entirely at your own risk and that:

(a) the Beta Game will not be at the level of performance of a final, generally available Game;

(b) the Beta Game may not operate correctly and may contain bugs and defects;

(c) we have no duties or obligations to you with respect to the Beta Game, including any obligation to provide an official version of the Game in the future; and

(d) we shall not be responsible to you for any loss or damage incurred by you as a result of using the Beta Game.

7.4. By registering for the Beta Game, you represent, warrant and agree that:

(a) upon completion of the beta test to provide such information and feedback as may be required or requested by us in relation to the Beta Game;

(b) we may use your User Content relating to the Beta Game (including your suggestions for improvements, enhancements and other changes) in accordance with Clause 4 (including in press releases, testimonials, publicity materials or on any social media platform for marketing and promoting the Game);

(c) any material which you provide to us during the beta testing period or in relation to the Beta Game, will belong to us and may be implemented by us, in whole or in part, without any payment or other compensation to you or anyone else;

(d) you will not submit to us any suggestions or feedback which are not your own original ideas;

(c) you will keep strictly confidential and not disclose to or share with anyone, or discuss with anyone, any information relating to the Beta Game (including its gameplay, content, format, visuals and look-and-feel and any codes or passwords which give you access to the Beta Game);

(d)   we may collect additional personal data from you through the Beta Game or for the beta test, that may not be collected in the official release of the Game (including your email and Discord ID, your use of the Beta Game, and feedback you provide to us on the Beta Game) and you hereby consent to our collection, use and disclosure of such personal data for improving the Beta Game or for any other purpose described in our Privacy Policy.

7.5 We may reset, change or modify the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at any time during and after the testing period of the Beta Game. You acknowledge that such reset, change or modification may cause a loss of data, function or utility related to the Beta Game and agree that we are not liable to you for such loss. You acknowledge that all Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be removed from your account when the Beta Game is reset, changed or modified.

8. Privacy and Protection of Personal Information

8.1 Third party application, software, social networks and services (e.g. Facebook, Twitter) (“Third Party Services”) may be used in conjunction with or accessed in the course of the use of the Service, for purposes which include inviting other parties to play the Game or the gifting of Virtual Goods to other users. Information may be collected from you through or provided to us by such Third Party Services.

8.2 Such information may be subject to the relevant Third Party Service’s terms and policies. By using the Service, you may be granting such Third Party Services (including Facebook and Twitter) permission to share your e-mail address and any other personally identifiable information with LandShark. Please see LandShark’s Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

9. Disclaimer of Warranty; Limitation of Liability

9.1 The Service is provided to you “as is”, “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, accuracy, authority, completeness, usefulness, timeliness, compliance with any description, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). We do not warrant that the operation of the Service will be uninterrupted or error free, or that the transmission of User Content through the Service will be entirely secure.

9.2 By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any User Content you upload or send using the Service or make available to us through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9.3 You agree that your use of the Service shall be entirely at your own risk. If you are dissatisfied with any part or whole of the Service, your sole remedy is to discontinue use of the Service.

9.4 To the fullest extent permissible under law, LandShark and its affiliates, directors, officers, agents, contractors, partners and employees, hereby disclaim all liability to you or any third party for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever, whether foreseeable or not, under contract or tort (including damages for loss of profits or loss of data (including data on your gaming progress, scores, ranking and history on the Game), even if we are aware of or advised of the possibility of the same), resulting from:

(a) any error, omission, defect or deficiency in, or nonconformity of, the Service or Service Content, or your inability to use the Service or any part thereof;

(b) any interruption or cessation of transmission to or from the Service,

(c) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or

(d) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service,

(e) any unauthorized access to or use of our secure servers and/or any and all User Content, personal information and/or financial information stored therein, in whole or in part, your own act, omission, default or failure to perform your obligations hereunder;

(f) user submissions or the defamatory, offensive, or illegal conduct of any third party (and specifically agree that the risk of harm or damage from the foregoing rests entirely with you);

(g) third party claims against you;

(h) your access to and/or use of Third Party Sites, or Third Party Services (as defined in the Privacy Policy);

(i) your use of the Service or any content on, accessed through or downloaded from the Service (or any such use that is referable to you or your Device); and/or

(j) any other matter relating to the Service.
Nothing in these Terms shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.

9.5 You agree to fully indemnify and hold LandShark, and each of its affiliates, directors, officers, agents, contractors, partners and employees (“Indemnitees”), harmless from and against any and all loss, liability, claim, demand, damage, action, costs and expenses (including economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from or in connection with:

a) your negligent act or omission, wilful default, misconduct or fraud;

b) your use of and access to the Service, or any such use and access which is referable to you or your Device;

c) your breach of any term of these Terms of Service;

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

e) any claim that your User Content caused damage to a third party;

f) any User Content you post or share on or through the Service; or

g) any claim by a third party against any Indemnitee in respect of any of the above.

9.6 The Service may contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.

10. Termination

10.1 In addition to any right or remedy that may be available to us under these Terms or any applicable law, we expressly reserve the right to suspend, limit or terminate your access to or use of the Service, and/or to terminate these Terms, at any time, with or without prior notice to you, if you commit a breach of any provision under these Terms.

10.2 In the event of any termination by us of your use of the Service for any reason whatsoever, you shall not be entitled to any refund of any payments made by you (including for the Game, the Virtual Goods and/or Virtual Currencies).

10.3 Upon termination by us of your use of the Service, all rights granted to you hereunder shall terminate immediately, and:

(a) you must immediately cease using the Service or any Service Content;

(b) you must immediately uninstall, delete or remove the Game from the Device, destroy all copies of the Game (and Service Content) then in your possession, custody or control and, if required by us, certify to us in writing that you have done so; and

(c) we may remotely access and remove the Game from the Device.

11. General

11.1 By accessing or using the Service, you agree that the laws of Singapore, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and LandShark.

11.2 Any claim or dispute between you and LandShark that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Singapore, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Singapore.

11.3 You agree that regardless of any statute or law to the contrary, any claim or cause of action you have against us arising out of or related to the Service or any use thereof, must be filed by you within one (1) year after such claim or cause of action arose or be permanently barred.

11.4 These Terms, together with our Privacy Policy, constitute the entire agreement between us in relation to your use of the Service.

11.5 If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

11.6 We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the Service (or any part thereof) or in the operation of the Service that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including without limitation (i) Acts of God, nature, court or government, (ii) failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; and (iii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible.

11.7 We may transfer our rights and obligations under these Terms to another party without notice to you. You may not transfer any of your rights or obligations under these Terms to another party.

11.8 Failure or neglect by us to enforce at any time any of the provisions in these Terms shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms or prejudice our right to take subsequent action.