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Terms and Conditions

Last updated: June 25, 2023

Welcome to Smartlink located at smartlink.intlgame.com (the “Site”) offered by Proxima Beta Pte. Limited. Please read these Smartlink Terms and Conditions (the “Terms”) carefully because they govern your use of the Site, including without limitation all tools and functionalities for uploading, creating, sharing and analyzing promotional materials offered therein (together with the Site, the “Platform”). By using the Platform, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use the Platform. To make these Terms easier to read, the terms “Proxima,” “we,” and “us” refer to Proxima Beta Pte. Limited, and the term “you” refers to you, your Authorized Users (if any), and any organization that you are acting on behalf of in using the Platform.

  1. Privacy Policy

Please review our Privacy Policy, available at https://docs.smartlink.intlgame.com/legal/privacy-policy, which also governs your use of the Platform, for information on how we collect, use, and share your information.

  1. Access and Use

(a) Provision of Access. Subject to these Terms, Proxima hereby grants you a worldwide, non-exclusive, non-transferable (except in compliance with Section 14(a)), non-sublicensable right to use, access and/or operate (“Use”) the Platform, including for the purpose of uploading, creating, sharing and analyzing promotional materials for game promotion campaigns during the Term.

(b) Authorized Users. You may permit your employees, contractors or volunteers to Use the Platform in accordance with these Terms (each such individual, an “Authorized User”); provided, however, that you ensure that each Authorized User signs up for an account to Use the Platform in accordance with the Site’s then-current account registration procedures, complies with these Terms, and that you will remain fully and directly liable to Proxima for any and all use of the Platform by Authorized Users.

(c) Privacy. You acknowledge and agree that you are solely responsible for the processing of any Personal Data (as defined in the Data Processing Agreement) in respect of end users and any persons whose Personal Data is contained in any data, information, media or other content submitted by or on behalf of, or relating to, you or your end users (“User Data”), and shall protect the privacy of the end users and such persons, and shall comply with all applicable laws and regulations in respect of the same (including by making such disclosures, and obtaining such consents, as are necessary to ensure the Personal Data of end users or any persons whose Personal Data is contained in any User Data may be processed by the Platform). You shall be solely responsible for any access, monitoring, use, or disclosure of Personal Data submitted through the Platform. To the extent any Personal Data is contained in any User Data, the parties agree that the processing of such Personal Data shall be undertaken in accordance with the Data Processing Agreement. You agree that you shall not make available any User Data for processing by the Platform unless lawfully permitted to do so.

  1. DMCA/Copyright Policy

Proxima respects copyright law and expects its users to do the same. It is Proxima’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. [Please see Proxima’s Copyright and IP Policy at https://docs.smartlink.intlgame.com/legal/copyright-policy, for further information.]

  1. Links to Third Party Websites or Resources

The Platform may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

  1. Fees and Payment

You will pay Proxima all fees, if any, for access to and use of the Platform (“Fees”) on and in accordance with the payment dates specified by the Platform. All Fees are non-refundable and payable in U.S. dollars or any other currency that may be designated by Proxima.

  1. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Platform (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

  1. Your Content

(a) Posting Content. The Platform may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Platform is referred to as “User Content”. Proxima does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content available through the Platform, you hereby grant to Proxima a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Platform.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by Proxima on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Proxima’s Intellectual Property. We may make available through the Platform content that is subject to intellectual property rights. We retain all rights to that content.

  1. General Prohibitions and Proxima’s Enforcement Rights

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, 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; (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 or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Platform or any individual element within the Platform, Proxima’s name, any Proxima trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Proxima’s express written consent;

(c) Access, tamper with, or use non-public areas of the Platform, Proxima’s computer systems, or the technical delivery systems of Proxima’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Proxima system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Proxima or any of Proxima’s providers or any other third party (including another user) to protect the Platform;

(f) Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Proxima or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Proxima trademark, logo URL or product name without Proxima’s express written consent;

(i) Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;

(l) 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 Platform;

(m) Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

(q) Proxima is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Indemnification

You will indemnify and hold Proxima and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Platform, (b) your User Content, or (c) your violation of these Terms.

  1. Warranty Disclaimers

THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE 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. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM.

  1. Limitations of Liability

(a) Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROXIMA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROXIMA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROXIMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PROXIMA FOR USE OF THE PLATFORM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PROXIMA, AS APPLICABLE.

(c) Basis of the Bargain. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGIN BETWEEN PROXIMA AND YOU.

  1. Term and Termination

(a) Term. The term of these Terms will continue in effect until terminated.

(b) Termination. We may suspend or terminate you or any Authorized User’s access to and Use of the Platform, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account or terminate these Terms at any time by sending us an email at SmartLink_service@proximabeta.com.

(c) Survival. This Section 12(c) and Sections 2, 3, and 6-14 survive any termination or expiration of these Terms.

  1. Dispute Resolution and Governing Law

(a) Governing Law and Forum Choice. These Terms will be governed and construed in accordance with the laws of the Republic of Singapore, including all matters of construction, validity, and performance, in each case without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

(b) Mandatory Arbitration of Disputes. Except for the right of either party to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute, controversy, or claim arising in any way out of or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination of these Terms, or any dispute regarding pre-contractual or non-contractual rights or obligations arising out of or relating to it will be referred to and finally resolved by binding arbitration administered by the Singapore International Arbitration Centre under the Arbitration Rules of the Singapore International Arbitration Centre in force when the notice of arbitration is submitted (“Rules”) in Singapore. The arbitration tribunal will consist of one arbitrator to be appointed in accordance with the Rules, which Rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause. The seat of arbitration will be Singapore and the arbitration will be conducted in English. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The prevailing party will be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration or litigation instituted in connection with these Terms.

(c) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION (SECTION 13) SHALL BE NULL AND VOID.

(d) Severability. Except for any of the provisions in Section 13(h) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

  1. Miscellaneous

(a) 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.

(b) Entire Agreement. These Terms and any other document or information referred to in these Terms constitute the entire and exclusive understanding between you and us regarding the Platform and supersede any and all prior oral or written understandings or agreements between you and us regarding the Platform.

(c) Language. The original language of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in any other language.

(d) Severability. These Terms describe 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. If certain 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 subject to Section 13(h), the remaining provisions of these Terms will remain in full force and effect.

(e) 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.

(f) Third Party Rights. A person who is not a party to these terms will have no right under to enforce any of its terms.

  1. Contact Information

If you have any questions about these Terms or the Platform, please contact us at our support email address: SmartLink_service@proximabeta.com.