EULA

1. INTRODUCTION

The Application is licensed, and not sold, to you, a user (“User”, “you”, or “your”) by VIRTUAL TKD PTE. LTD. (“VTKD”™, “we”, “us”, or “our”) for use strictly in accordance with the terms and conditions of this EULA, our Terms of Service, and any “usage rules” established by any other third-party usage rules or terms of use accompanying your device (“Device”), such as the PICO 4, and such other vendors as seen in this Application (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to and consist of the following: (i) VTKD’s software application and game accompanying this EULA, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific content the Application directs you to within your Device.

You must be at least 18 years old to install and use this Application on your Device. If an individual younger than 18 years old uses the Application (“Child”), you must ensure that the Child is always under the supervision of an adult when the Child uses this Application.

2. LICENCE GRANT AND RESTRICTIONS ON USE

• 2.1 VTKD grants you a revocable, non-exclusive, non-transferable, limited right and licence to install and use a copy of the Application on a Device owned and controlled by you, and to access and use the copy of the Application on such Device strictly for personal use and in accordance with the terms and conditions of this EULA, our Privacy Policy, and our Terms of Service (collectively “Related Agreements”) (this “Licence”).
• 2.2 This Licence does not allow you to make any commercial use or any derivative use of any part of the Application (including without limitation any intellectual property rights to trade marks, goodwill, graphical user interface, data). All rights not expressly granted by us under this Licence are hereby reserved by us. Any third-party scripts or code are licensed to you by the respective third parties that own such scripts or code, not by VTKD.
• 2.3 We use our commercially reasonable endeavours to protect the Application and our users, and it is important that the Application is not used in a way which is unfair, or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct by a User who violates the terms of the Related Agreements, including this EULA, or the spirit of the aforesaid. You shall use the Application in accordance with the terms of the Related Agreements, and shall NOT:

• (a) decompile, translate, adapt, merge, reverse engineer, disassemble, attempt to derive the source code from, or decrypt, any part of the Application;
• (b) make any modification to, or reproduction of, any part of the Application;
• (c) make any adaptation, improvement to, enhancement to, translation of, or derivative work(s) based on or of, any part of the Application;
• (d) violate any applicable laws, rules or regulations in connection with your access or use of the Application, including Usage Rules;
• (e) remove, alter, circumvent, or obscure any proprietary notice (including any notice of copyright, patent, registered design, or trade mark) of VTKD or its affiliates, partners, suppliers or the licensors of the Application;
• (f) use the Application for any revenue-generating endeavour for any commercial purpose not authorised by VTKD in writing, including, but not limited to, use at a cyber or Internet café or any other physical or virtual site and/or event;
• (g) sell, distribute or otherwise transfer copies or reproductions of the Application to any third party in any way;
• (h) install, use or permit the Application to exist on more than one Device at a time in a manner not possible by design;
• (i) rent, lease, distribute, license, transfer, sell, or resell any part of the Application or any derivative works thereof to any other party;
• (j) make any part of the Application available over a network or any other environment permitting access or use by multiple Devices or users at the same time;
• (k) use or interfere with any part of the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Application;
• (l) use any part of the Application for creating any part of product, service, including software that is directly or indirectly competitive with or in any way a substitute for any product, service, or software offered by VTKD;
• (m) use the Application to send automated queries to any website or to send any unsolicited email correspondence or messages;
• (n) use the Application in a manner which violates our Terms of Service;
• (o) bypass, delete, and/or disable any copyright protection mechanisms, or any security mechanisms in any part of the Application;
• (p) use the Application while operating heavy machinery or engaging in any activity where insufficient attention on your part could result in personal injury, death or property damage;
• (q) use any part of the Application on a Device without permission;
• (r) tamper with or make an unauthorised connection to any networks or network of any wireless service provider;
• (s) collect or harvest any information or data, including by automated scripts, from any part of the Application and/or our systems, or decipher any transmissions to or from the servers running any service or incorporate into any other program or application;
• (t) use any of our proprietary information, interfaces, or intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories, or devices for use with or without any part of the Application;
• (u) infringe any copyright, trade mark, patent, registered design, or any other intellectual property rights;
• (v) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter any part of the Application;
• (w) disclose a trade secret or confidential information, regardless whether in violation of an agreement or not; or
• (x) attempt to do any of the above.

2.4 You also acknowledge and agree that you will take all reasonable precautions to prevent unauthorised or improper use, access, sharing, duplication, distribution, or abuse of the Application.

3. INTELLECTUAL PROPERTY RIGHTS

• 3.1 You acknowledge and agree that the Application and all copyrights, patents, trade marks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of VTKD. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure, and organisation of the Application are the intellectual property and proprietary and confidential information of VTKD and its affiliates, licensors, and suppliers. Except as expressly stated in this EULA, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this EULA are hereby reserved and retained by VTKD.
• 3.2 The Application may utilise or include third-party software that is subject to open source and third-party licensing terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third-party licence applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, licensing terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third-party licences, the terms of the open source or third-party licences shall prevail regarding your use of the relevant Third-Party Software. In no event shall the Application or components thereof be deemed to be “open source” or “publicly available” software.
• 3.3 You are not authorised to use VTKD’s trade marks in any advertising, publicity or in any other commercial manner without the prior written consent of VTKD, which may be withheld for any or no reason.
• 3.4 You and VTKD acknowledge and agree that, in the event of a third-party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not VTKD) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify VTKD in writing of such a claim.
• 3.5 You may not rent, lease, lend, sell, sub-license, or transfer this EULA or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and be of no force or effect. You may access and use the Application only within the geographic locations where we offer access to download and use the Application.

4. RIGHTS TO INFORMATION AND DERIVATIVE WORKS

• 4.1 By installing the application, you hereby acknowledge and agree to VTKD’s collection, storage, use, and disclosure to parties including without limitation our affiliates, partners, and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to VTKD and its affiliates, partners, and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, comments, patterns, data, and/or suggestions based on user action, user behaviour, user motion, or user input. Notwithstanding the foregoing, the Information shall not include any personal data, or information or data that is personally identifiably to you. After our Application processes the Information to generate derivative works (“Derivative Works”), you acknowledge and agree that such Derivative Works will be exclusively owned by VTKD, and VTKD will be free to reproduce, use, and distribute the Derivative Works, including the Information, to others without any restriction, in the manner VTKD solely deems fit. We will also be free to use any ideas, expression of ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products and services incorporating such Information. Furthermore, you acknowledge and agree that the rights to any reproduction of the Derivative Works, including screenshots and recordings, made by you will be automatically assigned to us.
• 4.2 You acknowledge and agree that by signing up for an account, you also agree with the VTKD Privacy Policy, which sets forth and describes the practices of VTKD with respect to the collection, use, and disclosure of your personal data in connection with your use of the Application. VTKD reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. VTKD will post any changes to its Privacy Policy. Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

5. THIRD-PARTY CONTENT AND SERVICES

• 5.1 You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by other Users, advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third-Party Content and Services”).
• 5.2 You acknowledge that VTKD does not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites available through the Application). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk, and VTKD and its affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. VTKD hereby disclaims any representation, warranty or guarantee regarding the Third-Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
• 5.3 You acknowledge and agree that your access to and use of the Third-Party Content and Services and any correspondence or business dealings between you and any third party located using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that VTKD and its affiliates, partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted any licence to (i) the Third-Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third-Party Content and Services; or (iii) any copyright, trade mark, patent or other intellectual property right in the Third-Party Content or Services or any products, services, processes or technology described or offered therein.
• 5.4 You acknowledge and agree that the provision of access to any Third-Party Content and Service shall not constitute or imply any endorsement by VTKD or its affiliates of such Third-Party Content and Services. VTKD reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Application, although VTKD has no obligation to restrict or deny access even if requested by you.
• 5.5 You understand that by accessing and using the Third-Party Content and Services, you may encounter information, materials, and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third-Party Content and Services at your sole risk and that VTKD, and its affiliates, partners, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
• 5.6 You agree that the Third-Party Content and Services contain proprietary information and material that is owned by VTKD and its affiliates, partners, suppliers, and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third-Party Content and Services. No portion of the Third-Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third-Party Content and Services, in any manner, and you shall not exploit the Third-Party Content and Services in any unauthorised way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third-Party Content and Services in a manner that would infringe or violate the rights of any other party, and that VTKD is not in any way responsible for any such use by you.

6. TERM AND TERMINATION

• 6.1 This EULA shall be effective for an indefinite term, until terminated by you or VTKD in accordance with its Terms of Service, or if there has been a material breach of this agreement. Upon termination of this agreement, the Licence granted will automatically terminate and you will no longer be able to access the Application.
• 6.2 VTKD may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this EULA and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this EULA or any of the Related Agreements, then this EULA and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by VTKD. Upon the termination of this EULA, you shall cease all use of the Application and uninstall the Application.
• 6.3 We are not responsible for moderating, monitoring, and/or recording any activity taking place in the Application or in connection with the Application (including without limitation messages, posts, written chat and voice chat between users, movement or behaviour by the respective avatars of users), although we reserve the right to do so. We may (but we are not obliged to) moderate such content and activities to ensure they are in compliance with the terms of this EULA. We reserve the right to delete, without notice, any content, materials and/or communications which are in breach of this EULA. In serious cases, we may take steps together with the relevant stores or relevant third-party platforms for the Application and/or with the authorities and this may involve us disclosing relevant information to those third parties and/or the authorities.

7. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY VTKD OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, VTKD DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS, OR COMPONENTS.

FURTHERMORE, VTKD AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT:

• (I) THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS;
• (II) THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE;
• (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR
• (IV) ANY ERRORS IN THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VTKD OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE THAT VTKD HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

YOU AGREE AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN ACCORDANCE WITH OUR TERMS OF SERVICE.

8. EXCLUSIONS AND LIMITATION OF LIABILITY

• 8.1 IN NO EVENT SHALL VTKD BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF VTKD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 8.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE APPLICATION.
• 8.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, VTKD IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), ITS LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING THE 12-MONTH PERIOD PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU UNDER THIS AGREEMENT AND IF NO AMOUNT WAS PAID BY YOU TO US, ONE HUNDRED SINGAPORE DOLLARS (S$100.00), UNLESS OTHERWISE MANDATORILY REQUIRED BY APPLICABLE LAW.

9. INDEMNITY

You acknowledge and agree to indemnify, defend and hold harmless VTKD and its shareholders, subsidiaries, affiliates, partners, suppliers, agents, licensors, co-branders, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees for lawyers and other professional advisors and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (i) your access to or use of the Application or Third-Party Content and Services; (ii) your breach of this EULA or the Terms of Service; (iii) your violation of law; (iv) your negligence or wilful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the EULA.

10. COMPATIBILITY AND UPDATES

• 10.1 VTKD does not warrant that the Application will be compatible or interoperable with your Device or any other piece of hardware, software, equipment, or device installed on or used in connection with your Device.
• 10.2 Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to your Device, loss of the data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that VTKD shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
• 10.3 VTKD may from time to time provide updates to the Application which you may be required to apply before you can continue making full use of the Application. You agree that VTKD may deliver such updates remotely and that you will apply such updates. Failure to apply updates may lead to the VTKD not working properly (or at all), or that users may be exposed to security vulnerabilities.

11. SECURITY OF THE APPLICATION

You acknowledge and agree that the Application may be disabled or uninstalled from your Device at any time and that the Application may not function properly, may contain errors or bugs and are susceptible to breach, corruption, or failure. If the Application malfunctions or fails or is disabled or uninstalled from your Device, with or without your knowledge or consent, the Application will not operate. You are solely responsible for any claims, liability, losses, or damages arising out of the unauthorised disclosure, transfer, or use of any content, data, or materials stored on your Device for any reason, even if occurring as a result of a failure to disable or uninstall the Application, with or without your knowledge or consent.

12. THIRD-PARTY CLAIMS

You acknowledge that you (not VTKD) are responsible for addressing any third-party claims relating to your use or possession of the Application, and agree to notify VTKD of any third-party claims relating to the Application of which you become aware. Furthermore, you hereby release VTKD from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, intellectual property, or any other legislations.

13. GOVERNING LAW & DISPUTE RESOLUTION

• 13.1 This EULA shall be deemed to take place in Singapore and shall be governed by and construed in accordance with the laws of Singapore excluding its conflicts of law principles. Any disputes arising from this EULA shall be adjudicated in the courts of Singapore. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.
• 13.2 Any dispute, controversy, claim, or difference of any kind related to these EULA against or relating to VTKD, or the Services (“Claim”), you and VTKD agree to first attempt to informally negotiate any Claim for at least thirty (30) days (or such other period as you and VTKD may agree in writing), counting from the date on which a written notice has been sent to or by you about the Claim (“Negotiation”), and keeping all correspondence and information exchange relating to the Negotiation confidential. If you and VTKD (each, a “Party”) are unable to resolve the Claim after the Negotiation, the Claim shall be referred to mediation in Singapore administered by the Singapore Mediation Centre (“SMC”) in accordance with the mediation rules of the SMC for the time being in force, in accordance with the following terms:
  • (a) any Party may submit a request to mediate to the SMC upon which the other Party will be bound to participate in the mediation within forty-five (45) days thereof;
  • (b) each Party to the mediation must, in the case of an individual, appear in a personal capacity or, in the case of a body corporate, be represented by senior executive personnel with authority to negotiate and settle the Claim;
  • (c) each Party shall engage in the mediation process in good faith and no Party shall withdraw from the mediation within the thirty-day (30-day) period from the commencement of the mediation process (or such other period as the Parties may agree in writing);
  • (d) unless otherwise agreed in writing by the Parties, the mediator(s) will be appointed by the SMC;
  • (e) the mediation shall be conducted in accordance with the mediation rules of the SMC for the time being in force to the extent that such procedure is not inconsistent with any provision of this Agreement); and
  • (f) the mediation will take place in Singapore in the English language and the Parties agree to be bound by any settlement agreement reached during the mediation.
• 13.3 Only if the Parties are not able to resolve the Claim through mediation within thirty (30) days of the commencement of the mediation (or such other period as the Parties may agree in writing), the Claim shall then be referred to and finally resolved by the courts of Singapore and the Parties submit to the exclusive jurisdiction of the courts of Singapore in respect of any proceedings relating to any such Claim. You and VTKD agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, unless both you and VTKD agree otherwise.

14. GENERAL PROVISIONS

• 14.1 To the extent that there is a conflict amongst the Related Agreements and Usage Rules, this EULA’s terms shall prevail to the extent of the conflict.
• 14.2 If any provision of this EULA is held to be invalid or unenforceable with respect to a party, the remainder of this EULA, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this EULA shall be valid and enforceable to the fullest extent permitted by law.
• 14.3 Except as provided herein, the failure to exercise a right or require performance of an obligation under this EULA shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
• 14.4 You may not use or otherwise export or re-export the Application except as authorised by Singapore law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (i) located in any country that is subject to a government embargo, or that has been designated by a government as a “terrorist supporting” country, or (ii) listed on any government’s list of prohibited or restricted parties. You also agree that you will not use the Application for any purposes prohibited by Singapore law.
• 14.5 VTKD may modify or amend the terms of this EULA by posting a copy of the modified or amended EULA on the copy of the VTKD Application or VTKD’s website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified or amended EULA is posted with the VTKD Application or on VTKD’s website.
• 14.6 The following sections of this EULA and any other provisions of this EULA which by their express language or by their context are intended to survive the termination of this EULA shall survive such termination: 1, 2.2, 2.3, 2.4, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, and 15.
• 14.7 Nothing in this EULA shall constitute a partnership, joint venture, or principal-agent relationship between you and VTKD, nor does it authorise you to incur any costs or liabilities on VTKD’s behalf.
• 14.8 This EULA including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
• 14.9 If you have any questions or concerns about this EULA or any issues raised in this EULA, please contact us at info@virtualtkd.gg.

15. HEALTH AND SAFETY INFORMATION

• 15.1 Please read, familiarise, and comply with the Health and Safety Notice information set out hereunder. The platform providers relating to the Application (such as, PICO) may also provide you with health and safety information. You can visit their websites to read that information, such as at https://www.picoxr.com/sg/safety-center.
• 15.2 PLEASE FAMILIARISE YOURSELF WITH THIS SECTION 15 AND THE DISCLAIMER NOTICE BEFORE YOU OR ANYONE IN YOUR CARE, INCLUDING A CHILD, USES THIS GAME.
• 15.3 You are solely responsible for reading and understanding the health and safety warnings provided with your Device before using the Device and/or this Application and following any instructions provided.
• 15.4 Prior to initiating the Application and during gameplay, always establish and maintain a secure playing environment. Verify the presence of sufficient space for safe play, devoid of obstacles, dangers, or hazardous items. Make certain that individuals or animals lacking awareness of your activities are not present in your play area. You recognise and consent to the potential occurrence of severe injuries resulting from collisions, tripping, or contact with people, pets, impediments, hazards, and various objects, including but not limited to steps, stairs, walls, furniture, doors, windows, fixtures, and fittings. You are strongly encouraged to have another individual monitor your use of the Application.
• 15.5 Depending on how you use the Application, the Application can be physically challenging. Before using the Application, assess your health and consult your doctor to ensure that using the Application will be safe for you, and will not pose any risks to your health and wellbeing.
• 15.6 By using the Application, you further warrant and represent that you are fit, healthy, and able to play the Application and you accept that you do so voluntarily and entirely at your own risk, and you bear full responsibility for your actions while you use the Application.
• 15.7 Please ensure to take regular breaks and stay adequately hydrated. You should stop playing if you experience any discomfort.
• 15.8 If you or anyone in your care encounters sensations of discomfort, nausea, dizziness, changes in vision, eye or muscle spasms, involuntary movements, loss of awareness, confusion, convulsions, or any other adverse effects while or after using the Application, PLEASE STOP ALL USE IMMEDIATELY and seek medical advice from a doctor. Prolonged use is not recommended.
• 15.9 To the fullest extent permitted by law, you hereby waive, release, covenant not to claim, and discharge VTKD and any of our affiliates, directors, officers, employees, contractors, agents, insurers, and/or suppliers from any and all liability, now or in the future, for any claims or conditions arising from of your use of the Application.