By accessing or using any Services, you represent and warrant that you:

1. are a natural person who is (i) at least 18 years of age or have attained the age of majority in your jurisdiction of residence, and (ii) the owner of the phone number or email address submitted during your registration of an Account, if you have registered an Account;
2. are physically located in a jurisdiction in which your access to or use of any Service is permitted and unrestricted by any applicable law of that jurisdiction;
3. at all times will abide by these Terms; and
4. are using the Services for your personal use only.

Changes to these Terms

We may amend, change, modify or revise the Terms at any time, and we may, in our sole discretion, post a notice on the Arc8 App or Site or when you use the Services, and you can see when these Terms were last revised by referring to the "Last Updated" legend above. All amendments are effective upon publication. You acknowledge that we will not explicitly notify you about any possible amendments and it is your responsibility to check these Terms periodically for changes. Your continued use of the Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.

Registration

To be eligible to access certain features of the Services, you may be required to register an account for Services associated with a verified identity in accordance with these Terms ("Account"). You may only register for and maintain one Account at all times. When you create an Account, we may request certain personally identifiable information, including but not limited to your name and a valid email address that you control and ask you to create a username and password for accessing your Account. As a registered user, you can update your Account settings, including your email address, by logging into your Account through the Arc8 App or Site by navigating to "Account Settings" from the home screen. Also, if you forget either your password or username, you can visit the Site or email us for help. We may, in our sole discretion, reject, change, suspend and/or terminate an Account.

You, as the holder of your Account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You are also responsible for all activities that occur under your Account, regardless of whether such activities have been authorized by you or undertaken by you. You may not allow any other person to:

1. access your Account;
2. access the Services through your Account; or
3. accept or use prizes, winnings and other representative of value (including without limitation digital trophies or virtual goods) (collectively "Winnings")

Personal Location Data

As a part of the Services, we may collect location information from your device. If you would like to opt out of having this information collected, you can disable location access by Ga Mee through the Settings menu on your mobile device.

Use of Information Collected

By upgrading an Account and providing an email address and phone number, users authorize Ga Mee Global to send them with important announcements, relevant promotions, and other related communications or otherwise use such information in accordance with our Privacy Policy. Users will always have the opportunity to opt out of these communications at any time under our Privacy Policy.

Access

To access the Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. Access to our Services may become degraded or unavailable during times of significant data congestion or in the event of a network failure. This could result in the inability to access some of our Services. Although we strive to provide you with excellent service, we do not represent that the Services will be available without interruption and we do not guarantee that game matching and result submissions for Competitions (as defined below) will be successful in all circumstances. Ga Mee Global shall not be liable for any losses resulting from or arising out of transaction delays or a failure of network protocols.

Our Services

Ga Mee permits users to interact with and participate in skill-based games, online tournaments and competitions (collectively, "Competitions") with other users of the Arc8 App or Site who have created Accounts ("Registered Users"). We may, with or without notice to you:

1. modify, suspend or terminate your access to the Site, Services and/or Software (as defined below) for any reason without liability;
2. interrupt the operation of the Site, Services and/or Software as necessary to perform maintenance, error correction, or other work.

Software

If you wish to participate in Competitions or receive Services, you may be required to first download certain proprietary Ga Mee software and/or mobile applications as specified by us from time to time, including the Arc8 App (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively "Software"). If you do not download the Software, you may not be able to participate in Competitions or receive relevant Services. Sometimes you will download the Software directly from us, and sometimes you will download Software from a third party, such as a game developer or third-party platforms such as the Apple App Store, but in either case your use of the Software is subject to these Terms, in addition to any other applicable terms from a third party. We license the Software to you under Section 12.

Remote Access and Updates

We choose to offer technical support for Software from time to time in our discretion. Such technical support may require that we remotely access your device on which the Software is installed ("Device"). Also, if and when we update the Software or deploy patches, updates, and modifications to the Services, we may do so through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in Competitions or otherwise receiving the Services. Our access to your Device will be limited solely to fulfil the following purposes:

1. providing technical support;
2. updating and maintaining the Software; and
3. determining your location for regulatory purposes only, and is governed by the terms of our Privacy Policy.

Beta Releases

For any Service that is identified by us as a "beta" version ("Beta Service"), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Service. We reserve the right, in our sole discretion, not to release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality. You acknowledge and agree that in no event shall Ga Mee Global be liable for damages, including any losses as a result of a failure of any Beta Service or your use of any Beta Services.

Prohibited US States/ Countries

You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions ("Gaming Laws"), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, we DO NOT offer access to any Competitions in any jurisdiction in which such Competition violates its Gaming Laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in Competitions. In the United States, Prohibited Jurisdictions, as of the Effective Date, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, New Mexico, South Carolina, South Dakota, and Tennessee. For card games, Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction.

Additional Laws

In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. securities laws, commodities laws, money transmission regulations, and sanction and export laws (together with Gaming Laws, the "Applicable Laws"). You are solely responsible for your compliance with all Applicable Laws. Access to some or all of the Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions.

SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. YOUR PARTICIPATION IN COMPETITIONS IS AT YOUR OWN RISK, AND YOU AGREE NOT TO HOLD US RESPONSIBLE OR LIABLE IF APPLICABLE LAWS RESTRICT OR PROHIBIT YOUR ACCESS OR PARTICIPATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

Risk of Regulatory Actions in One or More Jurisdictions

You represent that you understand that the Services may be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit our ability to continue to develop or offer some or all of the Services in your jurisdiction, or which could impede or limit your ability to access or use the Services, and that you understand that we shall not be liable to you in such events except for any requirement to provide you with a refund under applicable law.

Authority; Compliance with these Terms; Accuracy of Information

You represent and warrant to us that:

1. you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in those Competitions for which you register;
2. you will comply with these Terms when participating in Competitions, receiving Services, and/or using Software;
3. all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of Winnings.

You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to:

1. your breach of these Terms including any representations and warranties made by you hereunder;
2. any use of your Account, the Site, the Software and the Services by any person including yourself;
3. your violation of Applicable Laws;
4. your provision of false, incomplete or misleading information (including, without limitation, citizenship, residency, nationality or email address); and/or
5. your negligence, fraud or misconduct.

Ga Mee Global reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ga Mee Global. Ga Mee Global will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

In order to participate in Competitions, you may be asked to have an Arc8 NFT Pass ("NFT Pass"), which is a game pass in the form of a non-fungible token that grants its holder access to Competitions, subject to any applicable terms and conditions of each specific Competition. NFT Passes are available for purchase on the Site, Arc8 App and/or any third-party platforms as designated by us.

You may also be able to purchase other virtual assets for use in connection with the Game ("In-game Assets") on the Site, Arc8 App and/or any third-party platforms as designated by us.

Payment for the purchase of any NFT Pass or In-game Assets shall be made in either (a) the ERC-20 utility token deployed on the Ethereum blockchain named "GAMEE" (ticker: GMEE) ("Tokens") or (b) fiat currency as specified on the Site, Arc8 App or any third-party platforms.

We may change the prices of any NFT Pass and In-game Assets and the modes of payment by publishing the updated price and modes of payment on the Site and Arc8 App with or without direct notice to you. Any such changes will become effective at the time of publishing. If you do not agree to the new prices or modes of payment, you will not be able to continue using our Services.

By purchasing any NFT Pass or In-game Assets or making any financial transactions hereunder ("Transactions"), you (a) represent that you are authorized to use the relevant mode of payment that you provided and that any payment information you provide is true and accurate; and (b) authorize us to charge you for the Services through the relevant mode of payment.

The delivery of any NFT Pass or In-game Asset to you is subject to (a) the full payment of the purchase price of the relevant NFT Pass or In-game Asset as indicated on the Site or Arc8 App (as applicable) subject to Sections 8.2.4to 8.2.6 below and (b) completion of any AML Checks (as defined below) to our satisfaction (if applicable).

For any Transactions that are conducted through a blockchain network ("Network"), these Transactions will be conducted via your third-party digital wallet ("Wallet"). Any such Wallet is not operated or maintained by the Company. As such, we do not have any custody or control over the contents of such Wallet and has no ability to retrieve or transfer any content therein. We also have no insight into or control over any such Transactions, nor do we have the ability to reverse any such Transactions. We shall have no liability to you or to any third party for any claims or damages that may arise as a result of any such Transactions that you engage in via the Site, or using our smart contracts, or any other transactions that you conduct via your Account, the Network or your Wallet.

You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase with anyone. We are not liable for any acts or omissions by you in connection with your Wallet or as a result of your Wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to or unauthorized use of your Wallet.

The Network requires the payment of a transaction fee for every transaction that takes place on the Network ("Gas Fee"). You are solely responsible to pay such Gas Fee or any other applicable transaction fees, payment transfer fees, royalty fees (if any) for each Transaction (collectively, "Transaction Fees"). We are not responsible for any Transaction Fees and will not reimburse you for any Transaction Fees incurred, regardless of whether an NFT Pass or In-game Asset is issued at a purchase price.

You are solely responsible for any Internet connection and telecommunication fees and charges that you incur when accessing your Wallet, the Site, Services or the relevant smart contracts.

You are also solely responsible for any applicable taxes on any Transactions other than any taxes that are chargeable on the Company’s net income.

If, to the extent permitted by us under these Terms or any Specific Terms from time to time, you grant express permission to a third party (such as a third-party service provider) to access or connect to your Account or any other accounts maintained with any other platforms, either through the third-party’s product or service or through the Site or Arc8 App, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party using your account credentials. Further, you acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party using your account credentials.

Withdrawals

You may withdraw the balance of the Token maintained in your Account or any portion thereof at any time by initiating such withdrawal through the Wallet that is associated with your Account. You may be required to complete our AML Checks (as defined below) to our reasonable satisfaction as the condition to carry out certain Transactions.

Pursuant to the economic sanction programs administered in the jurisdictions where we conduct business, we may be prohibited from providing access to the Site, Arc8 App or the Services or entering into relationships with certain individuals and entities. We are therefore obliged to comply with applicable anti-money laundering and counter-terrorist financing ("AML/CTF") laws and regulations.

You may not be able to make any Transactions or use the Site, Arc8 App or Services unless you comply with all our established AML/CTF procedures, requirements and any applicable AML/CTF policies to our satisfaction. Among other things, you are required to complete our designated AML/CTF checks and know-your-customer ("KYC") procedure (collectively, "AML Checks") for any withdrawal of Tokens, NFT Passes or other In-Game Assets with a value of US$ 1,000 or above.

Any documents submitted by you as requested in the AML Checks must be verified. Verification of identity will require multi-factor authentication, layered security and other controls to ensure a meaningful user identity confirmation process based on accumulated reward or withdrawal size, among other factors as determined and may be amended by us from time to time in our sole discretion.

Return of Funds Upon Account Closure

If you close your Account, funds in your Account will be returned subject to the terms of Section 8.5. If your Account is unilaterally closed by us or terminated for cause as allowed in these Terms, we will provide you with two (2) months’ written notice via email and your Account prior to the Account closure date. You shall withdraw all funds in your Account prior to the Account closure date. If you do not withdraw all funds in your Account prior to the Account closure date, any remaining funds in your Account will be subject to applicable laws regarding unclaimed monies.

Inactive Accounts

If your Account is inactive (i.e. you have not entered at least one (1) Competition) for twelve (12) consecutive months or more, we may, in our sole discretion, close your Account and any remaining funds in your Account will be subject to applicable laws regarding unclaimed monies.

Eligibility for Winnings

If you are eligible to receive Winnings under these Terms or any applicable Specific Terms, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in such Competition in accordance with these Terms and that your participation was in compliance with these Terms. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive any payment or delivery of any In-game Assets in error, we may reverse or require you to return the relevant payment or delivery. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.

Tax Matters

If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total US$600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

Refunds

We do not grant any refund of any payment made hereunder unless otherwise specified herein or required by law.

Promotional Offers and Incentives

Ga Mee Global may run promotions from time to time offering different rewards (the "Rewards") to participants ("Promotions"). Your participation in any Promotion and entitlement to any Rewards are subject to the applicable terms and conditions of each Promotion as published on the Site or the Arc8 App and amended by us from time to time (the "Relevant Promotion Terms").

Rules of Conduct

You are personally responsible for your use of the Site, Arc8 App, Services and Software, and while using the Services and Software you must conduct yourself in a lawful and respectful manner in accordance with these Terms. We may temporarily or permanently ban users who violate these Terms, or abuse email communications, support communications, or the community purpose of any message board areas, as determined by us in our sole discretion.

We may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive User Content that (i) is related to the subject matter of the public forums, (ii) complies with Applicable Laws, and (iii) conforms to any Specific Terms of such public forums. You may not upload to, distribute, or otherwise publish any User Content that:

1. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
2. is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or
3. includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect our opinions.

Cheating, Fraud, and Abuse

In accessing or participating in Services or using the Software, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services or using the Software, including but not limited to, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Token Competitions), money laundering, harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation:

1. immediate termination of your Account and blocking of your access to the Site and Services;
2. any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and
3. any Winnings received by you may be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.

Hacking, Tampering, or Unauthorized Access

Any attempt to gain unauthorized access to our systems or any other user’s Account, interfere with procedures or performance of Services, Software or the Site, or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Services or your Account.

Restrictions

Except with respect to open-source software Ga Mee has made available publicly, any use, reproduction or redistribution of the Service, Software, or related products or services not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property or reputation including, without limitation:

1. provide unauthorized means through which others may use Services;
2. interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Site;
3. attempting to gain unauthorized access to third party accounts, the Service, or Software;
4. use the Services or Software in any manner that violates any applicable law or regulation, including but not limited to any AML/CTF laws and regulations;
5. use the Services or Software for the production or dissemination of any defamatory, pornographic, discriminatory, racist or inappropriate content or in a manner that would otherwise bring us to disrepute;
6. duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, display, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of our intellectual property rights or knowingly or recklessly encourage or assist any third parties to infringe our intellectual property rights without our express prior written consent;
7. attempt to impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure or exploit vulnerability of any system or network of ours or breach any security or authentication measures implemented by us;
8. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
9. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
10. use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means, program or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality, or to incorporate the Site into any other program, website or application;
11. use data collected from the Site or Arc8 App to contact any individuals, companies, or other persons or entities or to conduct any direct marketing activities;
12. use the Site or Arc8 App to conduct electronic spamming or otherwise distribute ant unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
13. bypass or ignore instructions that control all automated access to the Site or Arc8 App;
14. use the Site or Arc8 App to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
15. attempt to impersonate any other players or mislead us or third parties as to the origin of your submissions or content hereunder; or
16. make any commercial use of any of the information provided on the Site, Arc8 App or through the Services nor make any use of the Site, Arc8 App or Services for the benefit of a business.

DMCA

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. 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 the exclusive right that is allegedly infringed.

Ga Mee Global’s designated agent can be reached at: [email protected].

By publishing or submitting to us Your Content, you represent and warrant to us that:

1. Your Content does not infringe any third-party rights including without limitation intellectual property rights, proprietary rights or rights to privacy;
2. Your Content does not contain any element that may reasonably be construed as defamatory, obscene, discriminatory based on any bias against any group of individuals, offensive, unlawfully threatening or harassing
3. in the event that Your Content contains any third-party intellectual property rights or personal information, you have obtained and will continue to have all necessary authorization and rights to use such intellectual property rights or personal information for the duration of these Terms;
4. f your Account is cancelled or terminated, we may permanently delete Your Content from our servers and we have no obligation to return Your Content to you except to the extent provided under applicable law; and
5. your Content does not contain any computer viruses, worms or other potentially harmful codes, programs, links or files.

Ownership of Services; License to Services

Excluding any open source software (as further described in Section 12.3) or third-party software that the Software or the Services incorporate, as between you and Ga Mee Global, Ga Mee Global owns the Software and the Services, including all technology, content and other materials used, displayed or provided in the Software or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, non-transferable, license to access and use those portions of the Software and the Services that are proprietary to Ga Mee Global.

Ga Mee License; Open Source Software License; Limitations

Portions of the Software and the Services are governed by applicable licensing terms for the Software and the Services in these Terms (collectively, the "Ga Mee License"). You acknowledge that the Software or the Services may use, incorporate or link to certain open-source components and that your use of the Software or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, "Open-Source Licenses"). Without limiting the generality of the foregoing, you may not:

1. resell, lease, lend, share, distribute or otherwise permit any third party to use the Software or the Services;
2. use the Software or the Services for time-sharing or service bureau purposes; or
3. otherwise use the Software or the Services in a manner that violates the Ga Mee License or any other Open-Source Licenses.

Trademarks and other Intellectual Property Rights

The Site, Arc8 App, Services and all any associated content, features, design element, and other materials contained therein, including, without limitation, our logos, service names, marks and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are proprietary property of Ga Mee Global, our Group or our applicable licensors (as the case may be) and protected by copyright, trademark, patent, trade secret and any other applicable intellectual property or proprietary rights laws. We retain any and all rights, title and interest in and to the above and any content thereof (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof. You may not copy, imitate or use them without Ga Mee Global’s (or the applicable licensor’s) prior written consent.

Digital Assets Created by You Using the Services or Software

Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account are collectively referred to as "Digital Assets". You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably:

1. waive the enforcement of such rights against us; and
2. grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.

Third-Party Links and Advertisements

The Site or Service may provide links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Ga Mee Global, and Ga Mee Global is not responsible for any Third-Party Links & Ads. Ga Mee Global provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Term and Termination

These Terms apply to you and to us from the date that you accept them as provided above, until termination of your use of the Services (whether by deactivation, cancellation, closure, expiration or termination of your Account by you or us or otherwise). You may terminate these Terms at any time and for any reason by going to your Account webpage and following the Account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including without limitation Sections 6, 7, 11, 12, 14, 16, 17 and 18).

Disruptions and Outages

We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.

DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.

Notification of Disputes

In the event that you experience issues with the Services, please contact us first! We strive to improve our services and want to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting Ga Mee Global first at [email protected]

Agreement to Arbitrate

You and Ga Mee Global agree to resolve any claims relating to these Terms (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in Section 17.1 above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through as set forth below.

Arbitration Procedure

Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. IF THIS WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN IT WILL NOT APPLY TO SUCH PART. INSTEAD, THOSE PARTS SHALL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

Filing Requirement

Claims or disputes must be filed within one (1) year. To the extent permitted by applicable law, any claim or dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute is not filed within one year, it shall be permanently barred.

Arbitration Notice

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to Ga Mee Global. If we request arbitration against you, we will give you notice at the email address you have provided.

Governing Law

These Terms, including any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Hong Kong.

Equitable Relief

You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate disputes, we are entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.

Entire Agreement

These Terms, together with any Applicable Policies, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Section titles in these Terms are for reference only and have no legal effect.

Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

Amendment and Modification

These Terms cannot be modified by you and may only be modified by us as provided above.

Remedies

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Assignability

We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software.

Consent to Notice

You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account.

All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and sent to us by email to our email address below:

To Ga Mee Global: [email protected]

Successors and Assigns

These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: [email protected]. Please print these Terms for your records.