TERMS OF SERVICE


Acceptance of the Terms of Service

These Terms and Conditions (“Terms”) govern your use of the websites, apps, community channels (e.g., Discord), content, features, products, and services operated by GameClub Southeast Asia and its affiliates (“GameClub SEA,” “we,” “us,” or “our”). Collectively, these are the “Services.” By accessing or using the Services—whether as a guest or a registered user—you agree to be bound by these Terms. If you do not agree, do not use the Services.

Incorporated Policies

By accepting these Terms, you also agree to the following, which are expressly incorporated by reference and form part of these Terms:

  • Privacy Policy — explains what information we collect, how we use it, and how we protect it.
  • Fan Content Guidelines — explain what you may do with GameClub SEA's intellectual property in content you create.
  • Community Guidelines — set expectations for behavior, safety, and moderation across our communities.

If any additional service, software, or program includes its own terms (e.g., an end user license agreement, contest rules), those program-specific terms will control if they conflict with these Terms for that specific program.

Eligibility & Responsibility

To enter into these Terms, you must have reached the age of majority in your country/region. If you are under the age of majority, your parent or legal guardian must consent and is responsible for your use of the Services. You are legally and financially responsible for all actions taken through your account, including actions by anyone you permit to access it.

1. Privacy Notice

Please review our Privacy Policy (link on our website), which also governs your use of the Services and describes our practices regarding data collection, use, and protection.

2. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms with an updated effective date. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

3. Access to the Services & Account Security

  • Service Changes. We may withdraw, amend, suspend, or discontinue any part of the Services at our discretion, including for maintenance, performance, or legal/regulatory reasons. Some features may be unavailable in certain geographies.
  • Registration. To access some features, you may need to register and provide accurate, current, and complete information. You agree to keep your details updated.
  • Credentials. Keep your username and password confidential. You are responsible for all activity under your account. Notify us promptly of any unauthorized use or suspected breach.
  • Account Status. Accounts are licensed, not sold; transferring, gifting, or selling accounts or access keys is prohibited. We may adjust or reclaim display names that are offensive, misleading, infringing, or attached to long-inactive accounts.
  • Photosensitivity. Certain visual patterns (e.g., flashing lights) may trigger photosensitive reactions. To reduce risk, consider playing in a well-lit environment, limiting session length, and viewing from an appropriate distance.

4. Content Moderation

Refer to our Community Guidelines for details on content standards and enforcement. We may moderate, restrict, or remove content and/or suspend accounts that violate these Terms or our policies.

5. Intellectual Property Rights

  • Ownership. The Services and all content (including text, code, art, audio, video, logos, and trademarks) are owned by GameClub SEA or our licensors and are protected by applicable intellectual property laws.
  • Limited License. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes or legitimate business evaluation as a prospective partner.
  • Restrictions. Except as expressly permitted, you may not copy, modify, make derivative works, publicly perform/display, republish, transmit, or remove proprietary notices from materials obtained through the Services.
  • Fan Content. Non-commercial fan works using our IP are allowed only in accordance with our Fan Content Guidelines; such works must not imply endorsement, sponsorship, or official status.

6. Billing & Payments (If Applicable)

  • Payment Processing. Payments may be processed by authorized third-party providers. We do not store full payment card details on our servers.
  • Regional Pricing & Taxes. Pricing may vary by territory. You are responsible for applicable taxes, fees, and charges.
  • Refunds. Unless required by law or expressly stated by us, all purchases are final and non-refundable.

7. Prohibited Uses

You agree not to:

  • Violate laws or third-party rights;
  • Upload malware, cheats, bots, or attempt to bypass anti-cheat or security controls;
  • Probe, scan, or test system vulnerabilities, or attempt to gain unauthorized access;
  • Harvest data, spam, or engage in fraudulent or deceptive practices;
  • Impersonate any person or misrepresent affiliation;
  • Circumvent geo-restrictions or access controls.

8. User Contributions

  • Standards. User content must not be illegal, fraudulent, deceptive, defamatory, obscene, invasive of privacy, infringing, harmful, or spam.
  • License to GameClub SEA. By posting or submitting content through the Services, you grant GameClub SEA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services and our business. Personal data within your content will be handled under our Privacy Policy.
  • Your Warranties. You represent that you own or control the rights to your contributions; they are accurate and lawful; and they do not violate these Terms or any rights of others.
  • Enforcement. We may monitor, edit, remove, or restrict access to contributions and may suspend or terminate access for violations, without notice or liability.

9. Linking & Third-Party Sites

  • Linking to Us. You may link to publicly available portions of the Services in a fair and legal manner that does not imply endorsement, association, or approval. Do not frame the Services. We may withdraw linking permission at any time.
  • External Links. The Services may link to third-party sites or tools for convenience. We do not control and are not responsible for their content, policies, or practices. Use them at your own risk.

10. Disclaimers & Limitation of Liability

  • As-Is. To the fullest extent permitted by law, the Services and all content are provided “as is” and “as available,” without warranties of any kind—express or implied—including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Services or communications are free of viruses or harmful components.
  • Limitation. To the fullest extent permitted by law, GameClub SEA will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages; or for loss of profits, data, goodwill, or business; arising from or related to your use of the Services. Our aggregate liability for all claims will not exceed the greater of USD 100 or the amounts you paid (if any) for the specific paid Service in the three (3) months preceding the claim. These limits apply even if a remedy fails for its essential purpose.
  • Consumer Rights. Nothing here affects statutory consumer rights that cannot be excluded by law. Where exclusions/limitations are restricted by law, they apply to the maximum extent permitted.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless GameClub SEA and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the Services, your user content, or your breach of these Terms or applicable law.

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of the Philippines, without regard to its conflict-of-laws rules. You agree that any dispute not otherwise resolved will be brought exclusively in the courts of the Philippines. Each party waives any objection to venue or forum non conveniens.

Any dispute, controversy, or claim arising out of or relating to these Terms, including their existence, validity, interpretation, breach, or termination, shall first be attempted to be resolved through good-faith negotiations between the parties.

If the dispute cannot be resolved through negotiation within 30 days, it shall be finally settled by arbitration administered in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) or any other mutually agreed arbitration body.

The arbitration shall be conducted in Manila, Philippines, in the English language. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction in the Philippines. Each party shall bear its own costs, except as otherwise determined by the arbitrator.

13. Language

To the fullest extent permitted by law, the controlling language of these Terms is English. Any translation is provided for convenience only.

14. Waiver & Severability

Failure to enforce any provision is not a waiver. If any provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remainder will remain in full force and effect.

15. Notices & IP Complaints

  • General Notices. Contact us at hello@gameclubsea.com.
  • IP Complaints. If you believe material on the Services infringes your rights, email hello@gameclubsea.com with:
      • 1. your full legal name and contact details;
      2. identification of the work(s) you claim are infringed;
      3. the URL/location of the allegedly infringing material;
      4. a statement of good-faith belief that the use is not authorized;
      5. a statement under penalty of perjury that your notice is accurate and you are the rights holder or authorized agent; and
      6. your electronic or physical signature. We may remove or disable access to the material and, where appropriate, notify the user.

16. Termination

We may suspend or terminate your access to the Services, with or without prior notice, for violations of these Terms, risks to other users or our operations, legal or regulatory requirements, or other legitimate reasons. Upon termination, all rights and licenses granted to you to access or use the Services immediately cease.

17. Entire Agreement

These Terms, together with the policies incorporated by reference and any program-specific terms, constitute the entire agreement between you and GameClub SEA regarding the Services and supersede prior understandings.