COMMUNITY TERMS OF SERVICE

1. A Few Important Notices

THESE TERMS REQUIRE DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, ALL DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND US WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. PLEASE READ SECTION 20 (DISPUTE RESOLUTIONS) OF THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, COPY, OR USE THE SKPORT SERVICES.

2. What Is This Document?

These Community Terms of Service (“Terms”) constitute a legal agreement between you and Gryph Frontier Pte. Ltd. and its affiliates (“Gryph Frontier” or “we”, “us”, “our”, as appropriate) regarding the SKPORT Services you use from us. Our Community Rules is incorporated by reference into these Terms. “SKPORT” means the user community software entitled “SKPORT”, as provided by Gryph Frontier through its own websites or platforms, or through the websites or platforms of its authorized partners. “SKPORT Services” means user community operation services, on or through the SKPORT, as provided by Gryph Frontier, including but not limited to game information, events, social communication, comment sharing, game guides, relationship network expansion, convenience tools, image uploads, video uploads, and reading services. SKPORT shall include, without limitation, any updates, upgrades, or patches thereto. “Game” means Gryph Frontier’s game that you download or otherwise access, which is subject to our relevant Game Terms of Service.We’ve tried to be straightforward in these Terms and if you have any questions feel free to send us a note at skport@gryphline.com (our “Support Email Address”).

3. Defined Terms

You’ll notice some capitalized terms in these Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout these Terms. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.

4. Additional Terms

The SKPORT Services may be available through accessing or downloading from a third-party platform or app distribution store (each, a “Platform Store”). If you access or download the SKPORT Services from a Platform Store, your use of the SKPORT Services is also governed by any applicable agreements you have with any Platform Store (the “Platform Store Agreement(s)”).The collection of information from you and related to the SKPORT Services (whether obtained through a Platform Store or not) is governed by our Community Privacy Policy. Our Community Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

5. Eligibility and Registration

1. (a) Age. By using the SKPORT Services, you confirm that you are at least 13 years old and over the minimum age required by the laws in your country of residence to access and use SKPORT Services. Our services are neither designed for nor directed towards users under the age of 13. If you are under the age of majority where you live, you and your parent or legal guardian must review these Terms together and you must obtain the consent of your parent or legal guardian to use the SKPORT Services. Parent and legal guardian are responsible for the acts of their children.
2. (b) Gryphline Account Creation. To access various services provided by Gryph Frontier, including SKPORT Services and Game, you need to create an account for such services (“Gryphline Account”). You can create your Gryphline Account using your email address or using a third-party account (for example, your Facebook, Google or Apple account), if you choose to register through a third-party account, we may access certain personal information provided by such platform to help create your Gryphline Account. When you use a third-party account to access our services, we will automatically create a Gryphline Account which is linked to your third-party account. Further information about the use of third-party account is provided in our Privacy Policy.
3. (c) SKPORT Account. To access parts of SKPORT, you may need to sign-into or authorize access to the SKPORT Services from your Gryphline Account, which will automatically create a separate account specific to SKPORT that is linked to your Gryphline Account (“SKPORT Account”, together with “Gryphline Account”, the “Account” for the purposes of the Community Terms of Services).
4. (d) Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your account depending on the situation. You agree that you will not disclose your account password to anyone and will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account. If you believe that your accounts are no longer secure, then you must immediately notify us at our Support Email Address.
5. (e) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our SKPORT Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
6. (f) No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own.
7. (g) No commercial purpose. You may neither create or use an Account, nor use or access any of our Services on behalf of a legal entity or for a commercial purpose.

6. License

1. (a) License Grant. So long as you comply with these Terms and the Platform Store Agreement(s) (if applicable), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install SKPORT on device permitted by the Platform Store Agreement(s) (if applicable), and (ii) access and use SKPORT and the SKPORT Services, including any Content, solely for your personal entertainment purposes. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions and any other content provided by us and our licensors on or through the SKPORT.
3. (b) User Content.

   1. (i) “User Content” means any content that you or another user makes available within the SKPORT Services, such as any text, forum posts, chat posts, personal information, modules, information, hyperlinks, feedback, e-mail, music, audio files, graphics, images, videos, code, any visuals or sounds, or any other materials that appear on our services or hyperlinks that lead to our services. You represent and warrant that you own, or have obtained all necessary rights, licenses, consents, and permissions for submitting your User Content and for granting the rights under these Terms. You acknowledge that you or the applicable rights holder retain ownership of the User Content you submit. You further represent and warrant that your submission of the User Content, and our use of it as permitted under these Terms, will not infringe any third-party rights or violate any applicable laws. By submitting or transmitting your User Content to, through or in connection with the SKPORT Services, you grant to Gryph Frontier (and our licensees and each of their successors and assigns, and those acting with our authority) an unrestricted, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, publish, edit, translate, create derivatives from in whole or in part, publicly display, publicly perform or otherwise use your User Content, or any part thereof, in combination with or as a composite of other materials, including but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any of the SKPORT Services or advertising and promotional materials. You also waive, and cause to be waived against Gryph Frontier and other users of the SKPORT Services any claims and assertions of moral rights or attribution with respect to your User Content. The licenses granted in this subsection shall survive the termination of these Terms.
   2. (ii) You acknowledge that you are not entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Content for any reason, including our exercise of the rights you grant to us in this Section. You further acknowledge that we have no obligation to exercise any of the rights granted to us.
   3. (iii) You acknowledge your User Content, chats, postings and other communications with other users of the SKPORT Services or with us are public and will be seen by others.
   4. (iv) User Content (including any that may have been created by users employed or contracted by Gryph Frontier) does not necessarily reflect the opinion of Gryph Frontier. We reserve the right to remove, screen, edit, or reinstate User Content, including such content you created, from time to time at our reasonable discretion, and without notice to you. We may remove User Content if we deem it necessary, including but not limited to if such User Content is inappropriate, raises a conflict of interest, is promotional, irrelevant, violates other user’s privacy, has been stolen from another party or otherwise violates these Terms or other Gryph Frontier’s policies. We have no obligation to retain or provide you with copies of your User Content, nor do we guarantee any confidentiality with respect to your User Content.

7. License Restrictions

You agree not to do any of the following with respect to SKPORT and the SKPORT Services:

1. (a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
2. (b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the SKPORT Services and Game or that collect information about the SKPORT Services;
3. (c) use, or provide ancillary offerings to anyone, that are not offered within the SKPORT Services by us (or the functionality of the Platform Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the SKPORT Services in any way, tunneling, third party program add-ons, and any interference with SKPORT Services;
4. (d) copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in these Terms;
5. (e) sell, rent, lease, license, distribute, or otherwise transfer the SKPORT Services, Game or any Content, including, without limitation, participating in or operating so called “secondary markets” for any Virtual Goods or Game Currency of any Game;
6. (f) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, data-mine, decompile, or disassemble or make derivative works based upon the SKPORT Services or any Content;
7. (g) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
8. (h) create, develop, distribute, or use any unauthorized software programs or derivative works, or adaption of, the SKPORT Services or Content (other than your User Content);
9. (i) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
10. (j) upload, publish, submit or transmit any User Content or engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling”; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
11. (k) 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 SKPORT Services or any of its users;
12. (l) collect or store any personally identifiable information, whether alone or in combination with other data, from the SKPORT Services or from other users of the SKPORT Services without their express permission;
13. (m) engage in any activity that may result in injury, death, property damage, nuisance or other liability;
14. (n) impersonate or misrepresent your affiliation with any person or entity;
15. (o) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the SKPORT Services or for any other purpose;
16. (p) use the SKPORT Services in any way that would affect us adversely or reflect negatively on us or the SKPORT Services or discourage any person from using all or any portion of the features of the SKPORT Services;
17. (q) encourage or enable anyone else to do any of the foregoing; or
18. (r) violate any applicable law or regulation.

We reserve the right, but are not obligated, to mediate, resolve, or otherwise intervene in disputes between you and other users. If you breach these Terms or, in our sole discretion, engage in conduct that constitutes abuse, violates the spirit of Gryph Frontier, or is otherwise inappropriate or objectionable, we may, without prior notice, take any action deemed appropriate. Such action may include, without limitation, issuing a warning, blocking communications, suspending or terminating your Account (temporarily or permanently), blocking logins, deleting your files, or otherwise restricting your access to the SKPORT Services. We reserve the right to interpret and act upon any inappropriate behavior.

8. Ownership of the SKPORT Services

1. (a) We and our affiliates and licensors own all title, ownership and intellectual property rights in the SKPORT Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SKPORT Services. You understand and agree that you have no ownership interest in the SKPORT Services or Content therein.
2. (b) Although we are not obligated to monitor access to or use of the SKPORT Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the SKPORT Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content. We may (but don’t have to) investigate violations of these Terms or conduct that affects the SKPORT Services.

9. Accessing a Service from a Platform Store

Where SKPORT Services is made available to you via a Platform Store, you acknowledge and agree that:

• These Terms are between you and us, and not with the Platform Store. We, and not the Platform Store, are solely responsible for the SKPORT Services.
• In the event of any third-party claim that the SKPORT Services or your possession and use of the SKPORT Services infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• You must also comply with all applicable third-party terms of service when using the SKPORT Services.

10. Notice of Infringement

It is our policy to respect the legitimate rights of copyright and trademark owners, and we will respond to clear notices of alleged copyright or trademark infringement. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeated infringers.If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please provide us with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark;
• A description of the copyrighted work or trademark you claim has been infringed;
• A description of where the material that you claim is infringing is located on the SKPORT Services, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
• Your address, telephone number and email address;
• 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
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must include substantially the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address and telephone number, and a statement that you consent to the jurisdiction of in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Please note that any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liabilityWe may terminate your Account and ability to access our SKPORT Services if you repeatedly infringe the intellectual property rights of others.

11. Feedback

We welcome your feedback, comments and suggestions for improvements to the SKPORT Services (“Feedback”). You can submit Feedback by emailing us at our Support Email Address or via the functionality of the SKPORT Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or, rights of publicity or privacy.

12. Third-Party Websites and Resources

The SKPORT Services may contain links to third-party websites. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources displayed on such websites. You should make any investigation you feel necessary and acknowledge sole responsibility for your use of any third-party websites or resources. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

13. Data Charges and Mobile Devices

You are responsible for all data-related charges that you may incur for using our SKPORT Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the SKPORT Services.

14. Modifications to the Service and These Terms

1. (a) Modifications to the Service. We may modify, update, interrupt, suspend or discontinue the SKPORT Services. We will use commercially reasonable efforts to notify you prior to suspending or discontinuing any one or more of the SKPORT Services. We may provide patches, updates, or upgrades to the SKPORT Services that must be installed to continue to use the SKPORT Services. We may update the SKPORT Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the SKPORT Services until you manually update the SKPORT Services yourself on your device. Subject to applicable law, you acknowledge and agree that certain elements, features, or functions may become unavailable to you after we apply patches, updates, or upgrades.
2. (b) Modifications to these Terms. We may (but don’t have to) update these Terms at any time whenever we think there is a need. If we do so, you will be prompted to agree to the updated Terms upon your next access to the SKPORT Services or when the updated Terms are otherwise communicated to you. You must agree to these updates to continue using the SKPORT Services.

15. Warranty Disclaimers

THE SKPORT SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GRYPH FRONTIER PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.To the maximum extent permitted by applicable law, Gryph Frontier Parties make no warranty that the SKPORT Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Gryph Frontier Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the SKPORT Services.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE GRYPH FRONTIER PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY: (A) LOSS OF PROFITS, (B) LOST REVENUE, (C) LOST SAVINGS, (D) LOSS OF DATA, OR (E) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SKPORT SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SKPORT SERVICES, EVEN IN THE EVENT CAUSED BY ANY GRYPH FRONTIER PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT GRYPH FRONTIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE GRYPH FRONTIER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SKPORT SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR SKPORT SERVICES IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the SKPORT Services.

17. Indemnity

You agree to indemnify, pay the defense costs of, and hold the Gryph Frontier Parties and their employees, officers, directors, agents, contractors, and other representatives (collectively, “Gryph Frontier Indemnitees”) harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the SKPORT Services; or (b) any claim that, if true, would constitute a breach by you of these Terms. You agree to reimburse us for any payments made or loss suffered by the Gryph Frontier Indemnitees, whether in a court judgment or settlement, based on any matter covered by this Section 17.

18. Termination

We may terminate your access to and use of any or all the SKPORT Services and any other products or services related to SKPORT with no liability to you in the event that (a) we cease providing the SKPORT Services to similarly situated users generally; (b) you breach any terms of these Terms, including our other policies specified in these Terms; (c) the owner of the applicable Platform Store terminates your Platform Store Account (if applicable); or (d) we otherwise deem it necessary or reasonable to terminate these Terms in our sole discretion. You may also terminate these Terms at any time by closing your Account, discontinuing your use of the SKPORT Services and deleting SKPORT from your device. You have the right to cancel your Account at any time. Upon any termination of these Terms, the rights granted to you will be automatically terminated, you may no longer exercise any of those rights or these Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the SKPORT Services prior to such termination.The following sections will survive termination of these Terms: Section 6(b) (User Content), Section 8(a), Section 10 (Notice of Infringement), Section 11 (Feedback), Section 15 (Warranty Disclaimers), Section 16 (Limitation of Liability), Section 18 (Termination), Section 19 (Governing Laws), Section 20 (Dispute Resolutions), Section 21 (No Assignment), Section 22 (Miscellaneous) and Section 23 (Contact Information).

19. Governing Laws

1. (a) For Residents in the United States. If you reside in the United States, then any claims arising out of the SKPORT Services or these Terms (including interpretation, claims for breach, consumer protection, unfair competition, tort and all other claims) will be subject to the laws of the State of California, without reference to conflict of laws principles. Except as otherwise expressly set forth in Section 20 (Dispute Resolutions), the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
2. (b) For Residents Outside of the United States. If you reside outside of the United States, any claims arising out of the SKPORT Services or these Terms (including interpretation, claims for breach, consumer protection, unfair competition, tort and all other claims) will be subject to the laws of Singapore, without reference to conflict of laws principles.

20. Dispute Resolutions

1. (a) Informal Dispute Resolution. We are committed to customer satisfaction, and we aim to resolve all your concerns amicably and efficiently. As a first step we always encourage you to contact our customer support team. If the problem persists, you and we agree to give each other an opportunity to resolve any disagreements first through the following informal dispute resolution process before resorting to more formal means of resolution (“Informal Dispute Resolution”). To initiate Informal Dispute Resolution, a party must give notice in writing to the other party according to this Section (“Notice”). Notice to us must be sent to Support Email Address. The Notice must (i) include your full name, address, Account, and contact email address; (ii) explain what the disagreement is about; and (iii) explain what you want as a solution. Both you and we will endeavor to resolve the disagreement for a period of sixty (60) days after we receive the Notice, and during this period you agree that (i) neither party will submit the disagreement to arbitration or “small claims” or another court and (ii) all applicable statute of limitations and filing fee deadlines shall be tolled as of the day a compliant Notice was received by a party.
2. (b) Arbitration Terms

   1. (i) Arbitration. The terms in Sections 20(b) through to Section 20(h) shall collectively be referred to as the “Arbitration Agreement”.
   2. (ii) Applicability of the Arbitration Agreement. Any dispute, controversy, or claim arising out of or related to these Terms, the SKPORT Services, or your relationship with us that cannot be resolved through Informal Dispute Resolution (“Dispute”), shall, to the fullest extent permitted by applicable law, be resolved exclusively by final, binding arbitration.
   3. (iii) Confidentiality. You must keep the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award confidential and you must not share with anyone except your attorney or other professional advisors.
   4. (iv) Arbitration Rules. The arbitration will be conducted in the English language before a single arbitrator. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). A Request to us should be sent by email to Support Email Address. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; and (3) a description of the remedy sought.

3. (c) Additional Terms for Residents in the United States. If you reside in the United States, then the following terms shall apply:

   1. (i) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.
   2. (ii) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”) will apply if twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”). The arbitrator’s decision is final and binding upon both parties.
   3. (iii) Batch Arbitration. You agree that if there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (i) administer the arbitration demands in batches of 100 claims per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining arbitrations); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). Applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Notice has been received by a party until the Mass Filing is filed in NAM or in court. To the extent the parties disagree on any issue arising out of or relating to the Batch Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). This provision shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.
   4. (iv) Opt-Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Support Email Address, within thirty (30) days after first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Account, your contact email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.

4. (d) Additional Terms for the Rest of the World. If you resides outside of the United States, any Dispute or claim by you arising with respect to these Terms shall be: (i) governed by the laws of Singapore without regard to conflict of law provisions, and (ii) referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with its arbitration rules (“SIAC Rules”) in force at the time of delivery of the arbitration notice. The arbitrator’s decision will be final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction or forum non convenience with respect to jurisdiction and/or venue, whether by arbitration or judicial judgment (if applicable).
5. (e) Costs of Arbitration. Each party shall bear its own attorneys’ fees unless the arbitrator determines otherwise under applicable law.
6. (f) Waiver of Class Actions and Class Arbitrations. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), you and we agree to only bring disputes in an individual capacity and shall not (a) seek to bring or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms and all other actions or arbitrations. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 20(c)(iii) (Batch Arbitration).
7. (g) Modification. If we make any future, material change to this Arbitration Agreement, we will notify you through the contact information in your Account. Unless you opt out within thirty (30) days of such change becoming effective by informing us at Support Email Address, your continued use of the SKPORT Services after the effective date of any changes to this Arbitration Agreement constitutes your acceptance of any such change. Changes to this Arbitration Agreement do not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. If you have previously agreed to these Terms and did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
8. (h) Exceptions. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.

21. No Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

22. Miscellaneous

1. (a) Entire Agreement. These Terms and any other document or information referred to in these Terms constitute an entire and exclusive understanding between you and us regarding the SKPORT Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the SKPORT Services.
2. (b) Language. The original language of these Terms is in English; any translations are provided for reference purposes only.
3. (c) Severability. These Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that any provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of these Terms will remain in full force and effect.
4. (d) No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
5. (e) Third-party Rights. Except as described in Section 9 (Accessing a Service from a Platform Store), a person who is not a party to these Terms will have no right to enforce any of its terms.
6. (f) Conflict. In the event of any conflict between this Terms and the local laws of your country or residence, the local laws will take precedence and govern.

23. Contact Information

If you have any questions about these Terms or the SKPORT Services, please contact us at our Support Email Address.