Terms and Conditions

MOBILE TERMS AND CONDITIONS

END USER LICENSE AGREEMENT AND TERMS OF SERVICE

This End User License Agreement and Terms of Service (the "Terms") are an agreement between you and Ini3 Digital Public Company Limited (hereinafter referred to as "Ini3" or "we" or "us" or "our") which provides the Applications to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Applications. These Terms include the Ini3 Privacy Policy , which is hereby incorporated by reference.

These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms. By continuing to use the Applications subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.

When using the Applications, you may be subject to any Posted rules, guidelines, or policies instituted by the relevant authorities. Such rules , guidelines, and policies are hereby incorporated by reference into these Terms.

Your represent that you are entitled to receive services under the laws of Thailand or other applicable jurisdictions and that you have complied and/or will comply with the legal requirements with respect to the use of the services.

Table of Contents
1. Definitions
2. Preconditions to these Terms
3. About our Applications
4. Our Intellectual Property
5. Procedure for Making Claims of Copyright Infringement
6. Procedure for Making Non-Copyright Complaints
7. Content Posted by Users
8. Prohibited Conduct/Representations and Warranties
9. Social Networking Features and Game Forums
10. Virtual Currency
11. Indemnification
12. Disclaimers
13. Limitation of Liability
14. Release
15. Governing Law
16. Miscellaneous

1. Definitions

"Content" shall mean Data, information, materials , or content of any kind.

"Including" "Include" "Includes" "include" "includes" and "including" herein mean including without limitation.

"Personal Information" shall mean Information about an individual consumer collected online by us, including any of the following: (1) a name ; (2) a physical address; (3) an email address; (4) a telephone or fax number; (5) a social security number; (6) any other identifier that permits the physical or online contacting of a specific individual; and (7) any other type of information about a consumer that is combined with one or more of the foregoing categories.

"Post" shall mean to upload , post , create, make available , send ,share, communicate or transmit.

"Privacy Policy" shall mean the Policy available at https://www.i3play.com/privacypolicy

"Terms" shall mean these terms and conditions, available at https://www.i3play.com/terms including the Privacy Policy.

"Applications" shall mean we provide users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or here after devised, including but not limited to websites, software , and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Applications shall be included in the definition of "Applications."

"User Content" shall mean Data, information, materials , code , or Content of any kind Posted by your or another user to or through the Applications.

"Works" shall mean Content we own, authored, created , purchased, or licensed.

2. Preconditions of these Terms

The grant of license as set forth in these Terms is specifically conditioned upon the following:

a. You have accepted all of the obligations contained in these Terms, and any additional requirements, rules, or obligations , as may be applicable to the Application(s) you are using, which is evidenced by your use of the Application(s).
b. You will comply with all of the Terms until such time as you have completed and permanently terminated your use of the Application(s) by deleting all aspects of the Application(s) from your machine (e.g. account deletion, deletion of Application – related files, destruction of the physical media on which the copy of the Application(s) in your possession exists, etc.
c. You will use the Application(s) only on a single mobile entertainment device, for personal use only, running validly licensed copies of operating systems on which the Application was designed to operate.
d. You will refrain from using any hacks, cracks, bots , or third party software which may modify, temporarily or permanently , the code or the user experience of the Application(s), whether on your local device or on servers which enable use of any features of the Application(s).

3. About Our Applications

We provide users with access to interactive software products that, among other things, enable multiplayer gaming experiences on mobile devices. The Applications may be made available to your directly , or through third party services who may require you to download and install software and create an account before downloading the Applications. In addition you may be required to register an account with us and sign into that account in order to access some portions and features of the Applications. If you choose to create and utilize an account- whether with us or with a third party service – your are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password and username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at gm@ini3.co.th . If you interact with us or with third- party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.

When using our Applications, you hereby acknowledge that your device may connect to or utilize third party data networks, which may incur fees based on your use of those networks. If you have a third party network carrier linked to your device, that carrier's normal rates and fees, such as text messaging and excess broadband fees will still apply. In the event you dispose of or transfer ownership of your mobile device, you agree to uninstall and delete the Applications before doing so.

4. Our Intellectual Property

Ini3 and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Applications , are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks , service marks or logos.

Certain materials available on or through the Applications are our Works, which may be protected by copyright, trademark , patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Applications. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Applications. You may not otherwise reproduce, (other than incidental reproduction required to run the Application on your device), distribute, communicate to the public, make available, adapt , publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would, among other things , exceed the scope of your license and constitute infringement of our proprietary rights.
As part of this license, you may not do any of the following:

Copy of the Application(s) except a single backup copy
Sell, rent, lease, license , distribute or otherwise transfer or make the Application(s) available to any other person, in whole or in part, or use the Application(s) or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service
Reverse engineer , derive source code, modify, decompile, disassemble, or create derivative works based on the Application(s) or any portion thereof, in whole or in part or
Remove, disable or circumvent any proprietary notices or labels contained on or within the Application(s) or any portion thereof.

The above described license is conditioned on your compliance with these Terms , and shall terminate upon the earlier of : (a) your breach of these Terms; or (b) our termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

When you download or otherwise copy our Applications and Works, you are not buying or being gifted copies thereof. Instead , you are licensed a limited, revocable , non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the "Content License"). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available , adapt, publicly perform , or publicly display the Applications and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of Applications and Works in your possession.

5. Procedure for Making Claims of Copyright Infringement

We have a policy of respecting other persons' intellectual property right and intend to terminate any infringing activities as quickly and effectively as possible. If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Applications, please send a notice of claimed infringement, including the information listed below, to our Legal Department at this address

NAME : Wijit Poomchaiwiwat
ADDRESS : 8th Floor, (Room 8/1 – 8/2) Galaxy place Building, 149 Nonsee Road, Chongnonsee, Yannawa, Bangkok 10120 Thailand
PHONE : +662 687 2700
FAX : +662 687 2799
EMAIL : Wijit.po@ini3.co.th

To be effective, the notice of claimed infringement must include the following required contents: - a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; - identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled , and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly); - information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted.
-a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
-a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. That persons may be afforded an opportunity to send a counter-notice attesting to the fact that the content at issue is not infringing. Depending on whether the person to whom the notice was sent decides to file a counter-notice or not, we may restore the content at issue pending other requirements or orders of a court, administrative agency, or similar entity.

6. Procedure for Making Non-Copyright Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material accessible on or through the Applications, please contact us at contact@ini3.co.th

We will work to prevent unlawful activity from taking place on or through the Applications.

7. Content Posted by Users

You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obliged to do so. Under no circumstances will we liable or responsible in any way for any claim related to User Content.

By Posting any User Content to or through the Application(s), you grant us a royalty-free, irrevocable, transferrable, sublicensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation/any commercial, advertising, or promotional uses, and to license third parties to the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary license, rights , consents, and permissions to publish Content you Post.

If any of the User Content that you Post to or through the Applications contains ideas, suggestions, documents , and/or to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or to choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e. you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).

If any of the User Content you Post to or through the Application(s) contains the name, image, voice, likeness, or biographical information ("Likeness") of any person, you hereby represent to us that you have obtained all necessary rights to that Likeness, and that our use of that person's Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide us with a signed consent regarding the rights granted to us regarding your Likeness, and you will provide us with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content. By posting User Content to or through the Application(s) , you hereby grant to us a royalty-free, irrevocable, transferrable, sublicensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to use the Likeness contained within the User Content for any purpose whatsoever, including without limitation commercial, advertising, and/or promotional uses, for us ,our subsidiary and affiliated companies, and/or any of such entities' products or services.

8. Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not, in connection with your use of the Applications:

violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyright, defamation, obscenity, pornography , rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users' ability to use the Applications, including without limitation by engaging in conduct that is harmful, threatening , abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking , invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
post any User Content containing sweepstakes, contests , or lotteries, or otherwise related to gambling;
post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to;
make misleading statements or misrepresent any fact (including without limitation your identity);
post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hard ware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
use any computer or device that is running any application, software or technology that is not expressly authorized by us for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience;
exceed your authorized access to any portion of the Application or any database, computer or device;
remove , delete, alter , circumvent , avoid or bypass any watermark or digital rights management technology;
collect or store personal data about anyone;
modify any part of the Applications;
obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Applications;
cheating in any fashion. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is also considered cheating.

9. Social Networking Features and Game Forums

While using the Applications , you may enable interactivity between the Applications and certain social networking services , such as Facebook , Google+, or Twitter. These services enable you and us to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy.

You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of us. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally Post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in Postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that , when you disclose any information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information , you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor, record and store your communications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Applications properly, to protect ourselves , our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.

10. Virtual Currency

While playing our games, you may have the opportunity to visit our online stores and use online "cash" to license a variety of virtual items that can be used while playing games. YOU UNDERSTAND AND AGREE THAT, REGARDLESS OF HOW VIRTUAL CURRENCY IS OBTAINED, SUCH AMOUNT SHALL UNDER NO CICUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT F OR ANY REASON, TERMINATION OF THIS AGREEMENT AND/OR THE DISCONTINUATION OF THE SERVICE. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. You may be required to provide us or another payment service designated by us with your credit card information and other information related to your credit card transaction. We have no liability for loss of your items from your account, and have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. You understand that any credit card transaction-related information will be treated by us in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you resulting from your use of the Applications at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card cannot be processed or/is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse to provide you with any item. Verification of certain information applicable to a transaction involving an item may be required prior to our acceptance thereof. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in the Applications, in whole or in part, to any third person or entity whatsoever. You acknowledge that the virtual currency acquired through the Applications is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.

11. Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses , damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses) , relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertaking, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands , or litigation.

12. Disclaimers

YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS' RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

Delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
Modifying or discontinuing temporarily or permanently , the Applications (or any part thereof) with or without notice to you for any or no reason whatsoever;
Immediately terminating your access to the Applications for any or no reason whatsoever and with or without notice to you;
the accuracy , usefulness or availability of any information Posted to or through the Applications, including but not limited to any securities trading or investment related information;
any User Content that does not get recorded, or is deleted; or
any loss or damage of any sort incurred by you as a result of interactions you have with other Applications users, third-party advertisements or service providers, or third-party websites, found on or through the Applications, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY , EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM OR ANY LOSS, DAMAGE, ACTION , SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES ADVERTISING OR THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES A WEBSITE OR APPLICATION LINKED TO BY THE APPLICATIONS, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR UNDER OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

15. Governing Law

These Terms and the relationship between you and us shall be governed by the laws of Thailand and you agree to submit any and all disputes arising out of or in connection with your use of the Applications or these Terms to the Thai courts having jurisdiction on the matter of dispute.

16. Miscellaneous

These Terms constitute the entire agreement between you and us , and govern your use of the Applications.

These Terms supersede any prior agreements between you and us with respect to the Applications.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon inure to the benefit of our successors and assigns.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Applications, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination of these Terms you will no longer have a right to access your account, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that , even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content).

Upon termination of these Terms the following provisions will survive: 1,7,8,9,10,11,12,13,14,15 and 16

Effective Date : January 6, 2014