1.1 This Agreement is entered into by and between you and GEARUP PORTAL PTE. LTD. with registered office at 1 RAFFLES QUAY #49 SINGAPORE (hereinafter referred to as "we", "us" or "our") in relation to our application or website of LootBar (“Services” or “Lootbar Services”) which allows you to search, and purchase in-game virtual items and game top up (hereinafter referred to as “Virtual Items”) in accordance with this Agreement. You agree that by accessing our Services, you are binding to this Agreement and any guidelines or rules applicable to such Services.
1.2 We may update this Agreement and applicable guideline from time to time by posting the amended terms in our application or websites. Your continued use of our Services will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2.1 LootBar is an online website that allows you to search,purchase Virtual Items and game top up.
2.2 By accessing our Services, you agree that the terms of any respective user agreements and/or terms and conditions, and/or policies of games shall apply to you in all respects.
2.3 You must have reached the age of majority in your country of residence or older to use the Service, or else you should use the Service under parental or adult supervision.
2.4 In order to use LootBar Services you must sign-in through your SNS account (Line, Twitter or Facebook account) and may affix with your own email for emergencies. Before buying Virtual Items, you must bind your game account, and by this binding, you authorize us to access and use certain game user account information, including, but not limited to your public game profile and the list of your virtual items. To know more about the personal data we collect from you and how we use it, please visit our Privacy Policy.
2.5 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3.1 You must follow applicable laws or regulations of the jurisdiction where you are located when using our Services (including any anti-money laundering/countering of financing of terrorism laws or regulations), administrative orders or measures, judgments of any court of law or decisions of competent authorities. If any applicable laws restrict or forbid you from using our Services, you shall follow such restrictions or stop accessing our Services.
3.2 You must not a person who has fallen and shall not fall under any of the followings:
(1) a member of an organized crime group;
(2) a person having such relationship with the organized crime group that shows the organized crime group ' substantial involvement in the person's management;
(3) a person having such relationship with the organized crime group that shows reliance on the organized crime group;
(4) a person who cooperate and is involved with the maintenance or operation of any organized crime group by providing funding to any organized crime group or any similar act; or
(5) a person who is engaged in socially condemnable relationship with the organized crime group.
3.3 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Services. You are exclusively responsible for any and all Content that you may provide via our Services, either published in public or sent in private.
3.4 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3.6 You will not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Services, collect any information from the Services;
3.7 You will not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Services, any Content created by others or any portion thereof, in whole or in part;
3.8 You will not remove or amend any patent notice, copyright notice or other intellectual property information in relation to our Services;
4.1 You are solely responsible for reading and understanding all and any terms and conditions of any transactions once you use LootBar Services and shall take all responsibilities for your conduct.
4.2 LootBar may provide neccessary support to the users for resolution of disputes arisng out of the transaction of the vitual items and game top up.
5.1 UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE OR BY APPLICABLE LAWS, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL AND NON-REFUNDABLE AND THERE ARE NO REFUNDS AVAILABLE FOR ANY OFFERINGS. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you conduct via the Services.
5.2. All Orders are final at LootBar and refund will not be given except where you did not receive your Order despite having duly made full payment for the Order. As long as the Virtual Item(s) covered by the Order (the “Purchased Product”) has not been delivered or partially delivered, refund is possible.
5.3. Refunds are not extended in the following situations:
a) Buyers have verified and confirmed the receipt of the Order.
b) Transactions made outside of the LootBar website.
c) Buyer’s dissatisfaction with the Virtual Item(s) delivered under the Order, buyer remorse, mistakenly purchased Virtual Item(s) and/or buyer’s computer does not meet the minimum product requirements.
d) No refunds are offered for wrong or mistaken purchases in direct top-ups. You must read the product description thoroughly and confirm that the game name, server, account name and the amount purchased are accurate before proceeding to final checkout. We assume no liability for wrong or mistaken Orders made by you due to negligence and/or false or wrong information provided.
e) Fraudulent claims. We reserve the right to pursue legal actions and permanently suspend a buyer's account for filing fraudulent claims.
By purchasing any products from the LootBar website, the buyer understands, acknowledges and accepts the foregoing exclusions.
5.4 Depending on the type of payment method the buyer uses, a refund may typically take up to 14 days to process. This is because the banks do not usually finalize a refund immediately and the authorization hold of the funds may take up to 14 days to expire.
6.1 Although we endeavor to provide the accurate and reliable Services to you, you expressly understand and acknowledge that OUR SERVICES AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
6.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
7.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) suspend any function provided in our Services; (iii) suspend your account; (iv) terminating your right to use our Services; (v) taking legal action against you or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any posted guidelines and rules.
7.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right 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.
8.1 LootBar and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Services, 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.
8.2 The Services and all related data, content and software associated therewith shall be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Services. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Services solely for your personal use in connection with our Services. Unless expressly set forth herein, you may not otherwise reproduce, distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Services or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. Some Services may be subject to certain third party’s license such as open source license as stated in the application or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Services.
9.1 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
9.2 Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
9.3 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
9.4 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us through the “Contact support”in the LootBar website.
9.5 Language
This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.
Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of Singapore, as an agreement wholly performed, negotiated and executed therein without regard to Singapore's conflict of law rules. Any disputes relating in any way to or arising under or out of your use of our Services or this Agreement shall be binding upon the arbitration held by the Singapore International Arbitration Centre ("SIAC"). You hereby consent to personal jurisdiction and venue in SIAC. If you are a resident of the European Economic Area, you will benefit from any mandatory provisions of the law of the country in which you are resident (including relating to the venue for resolving disputes).