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Term & Conditions

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP.

This end-user license agreement (the "EULA") is a legal agreement between you and Isle of Fortune Pte. Ltd. a company incorporated in Singapore with company number 201701672D whose registered office is at 3, Church Street, #25-01, Samsung Hub, Singapore 049483 ("Isle of Fortune", "us" or "we") under which we license use of the Isle of Fortune mobile application software (the "App") to you.

 

Operating system requirements:

This App requires an Android/IOS device with a minimum of 1 GB of memory, Internet access and the Android/IOS operating system [Android API Version 15 and above / IOS 9 and above].

 

Important notice:

By downloading the App, you agree to the terms of this EULA which will bind you.

 

APPLICABLE TERMS

The following terms apply to your use of the App and the quizzes available through the App (the "Quizzes"): 

This EULA, which sets out the terms on which you may download and use the App and the Quizzes (as further detailed in clause 8 below); 

Our privacy policy (the "Privacy Policy"), which sets out the terms on which we process any personal data that we collect from you, or that you provide to us. By using the App and/or the Quizzes, you consent to such processing and you warrant that all data provided by you is accurate;

the "Additional App Terms" set out at in the Appendix to this EULA; and 
any terms and conditions imposed by the App store from which you have downloaded the App (together with the Additional App Terms, the "App store Rules").

 

ACKNOWLEDGEMENTS

We may change the terms of this EULA from time to time and it is important that you check this EULA regularly for any changes that we make, as they are binding on you. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and/or the Quizzes.

From time to time, updates to the App may be issued through the App store. Depending on the update, you may not be able to use the Quizzes until you have downloaded the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owner(s) of the mobile telephone, handheld or tablet devices that are controlled, but not owned, by you (the "Devices") and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for Internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Quizzes on or in relation to any Device, whether or not it is owned by you.

You acknowledge that in order to access the App, the Device must have an internet connectivity of 3G and above or Wi-Fi. We will not be liable for any delay in time caused owing to any deficiency in speed of your internet connectivity or any interruption such as a phone call or the receipt of an SMS during a quiz or any other defect thereof at your end or on your Device.

By using the App or the Quizzes, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Quizzes that are internet-based or wireless to improve our products and to provide the Quizzes to you. The same information collected will be used to determine extend of fraud or malpractice should the situation arise.

The Quizzes will make use of location data sent from the Devices to ensure that you are in a location where the Quiz is legally operable/playable. IF YOU TURN OFF THIS FUNCTIONALITY, YOU WILL NOT BE ABLE TO MOVE FORWARD IN THE APP SCREEN AND RISK BEING DISQUALIFIED FROM FURTHER USE OF THE APP/ PARTICIPATING IN THE QUIZ. If you are downloading the App in any of the Prohibited States, a pop-up notification will appear on the App screen stating that you are in an area where the Quiz cannot be played and you will be restrained from doing anything further on the App. If you use the Quizzes, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices.

In this EULA, the following rules of interpretation shall apply:

  • a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
  • references to the singular include the plural and references to one gender include all genders;
  • a reference to a party includes its successors or permitted assigns;
  • a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
  • any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
  • a reference to writing or written includes e-mails.

 

Account and password

You must register an account or sign up through Facebook in order to participate in the Quizzes via the App ("Account").

In order to register an Account and participate in the Quizzes you must:

  • be using the App and/or the Quizzes for your own personal and non-commercial purposes;
  • be accessing the App and / or the Quizzes from any of the Launched countries
  • not be accessing the App and/ or the Quizzes from any jurisdiction within the Launched Countries where the Quizzes cannot be legally operated (“Prohibited States”).
  • We reserve the right to not make available the App and/or the Quiz in the Prohibited States or to any residents of the Prohibited States. In the event the winner of the Quiz is discovered to be a resident of any Prohibited State, we are not responsible for legal or any other consequences that may arise thereof.
  • if you are under the age of majority in your jurisdiction, seek the consent of your parent or guardian to register for an Account and use the App and/or the Quizzes; and complete the registration process set out on the App.
  • In addition, if you wish to receive a Prize for winning a Quiz, you must have a valid bank account and a valid address with proof of address. As part of the verification process you will be required to enter your name while creating your account in the App, which should correspond to the name you have in the bank account that you intend to submit in the event you win a Quiz (details of which we will require at the time of and in case you win a Quiz in the manner described in Section 8.6). Further, the user name provided by you in the App must correspond to your name on the proof of identification that you will be required to show in case you are the winner of a Quiz.
  • We reserve the right to withhold the Prize for winning a Quiz, if your registered name at the time of creating your user account, does not correspond with your name as per your bank account details or submitted proof of identification.
  • As part of the registration process you will be required to provide your name, date of birth, and email address. You are required to provide a working and legitimate e-mail address as your registered e-mail address on the App. Your e-mail address will be subject to a validation process, failing which you will be prevented from any further use of the App. A one-time password (OTP) will be sent to your e-mail address on entering the same in the App. You will have to enter the OTP received via e-mail to proceed further. In the event the e-mail address you have provided is found to be invalid, you will not be entitled to use the App and/or get the Prize in case you are the winner of a Quiz. You will be required to register with a password. This password will be required in order for you to use the App. Your password is non-transferable. You agree to maintain accurate, complete and up-to date information in your Account. Your failure to maintain accurate, complete and up-to date information may result in your inability to access or use the App.
  • We have the right to disable your Account if in our reasonable opinion, you have failed to comply with any of the provisions of this EULA.
  • If you know or suspect that anyone other than you knows your user identification name, code or password, you must immediately notify us using the contact details set out in clause 11 below.
  • You are liable for any use of your password.

 

Grant and scope of license

We grant you a non-transferable, non-exclusive license to use the App on the Devices subject to your compliance with the terms of this EULA and the documents referred to in it. We reserve all other rights.

 

License restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

  • not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  • not to port or transfer or modify the App onto or for use on devices that are not meant to support and run mobile game applications such as desktops, tablets or any other devices that do not fall within the definition of Devices mentioned in section above;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
  • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
  • to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
  • not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or the Quizzes (the "Technology").

 

Acceptable use restrictions

You must:

  • not use the App or the Quizzes in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Quizzes or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Quizzes (to the extent that such use is not licensed by this EULA);
  • not use the App or the Quizzes in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the App or the Quizzes or our systems or attempt to decipher any transmissions to or from the servers running the App or the Quizzes.
  • If it is the case that you supply/upload any content to the App – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
  • it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
  • it must not harass or bully another person;
  • it must be true and honest so far as you know;
  • it must not be defamatory of anyone;
  • it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
  • it must not contain someone else’s personal details or confidential information relating to other people; and
  • it must not promote or condone terrorism, violence or illegal behavior or incite sedition against the state.
  • We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. 
  • In addition, we may from time to time provide interactive services on the App that shall enable you to upload User Generated Content, including, without limitation:
    • comment facilities;
    • chat rooms; and/or bulletin boards, (together "Interactive Services").
  • Where we provide an Interactive Service, we will use reasonable endeavors to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
  • Intellectual property rights
  • You acknowledge that all intellectual property rights in the App, the Quizzes and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Quizzes or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
  • Any communications or materials you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our services and products. In particular, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide license to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our services and products for any purpose and in relation to the promotion of our services and products.

 

The Quizzes

There will be multiple quizzes available through the App at different points in time:

  • Free to enter versions (with in-App purchases, each a "Free Quiz");
  • Pay to enter versions (with in-App purchases, each a "Paid Quiz");
  • Quizzes with multiple choice answers;
  • Quizzes with Anagram style answers;
  • Quizzes with a mix of multiple choice and anagram style answers;
  • General knowledge quizzes;
  • Quizzes with specific topics;
  • Branded quizzes for corporate identities;
  • Quizzes available only for particular and specific locations;
  • Other quizzes that may be designed and executed from time to time within the App;

In each Quiz, participants are presented with a series of consecutive questions relating to general knowledge or relating to a specific topic as the case may be, for each participant to use their skill and knowledge to answer.

Currently, the following quizzes will be available through the App:

Does Gray Matter

  • This quiz is a free to play quiz.
  • The user is awarded 20 coins every day when the app is opened for the first time
  • This quiz has 10 multiple choice questions that require you to choose the right answer from the 4 options available.
  • Each attempt at a Does Gray Matter quiz costs the user 2 coins
  • If you select an incorrect multiple choice answer, a five second penalty is imposed which is represented by an animation. Once you answer a question correctly, you will progress to the next question in the ten-question series.
  • There are 3 lifelines available for you to use in order to get clues to getting the question right.
    • 50-50: Two incorrect answers are eliminated
    • Q-Swap: The existing question is replaced with a new one
    • 2-Tries: The user gets 2 attempts before the delay timer begins
  • Each lifeline costs the user 2 coins and can be used only once in a game
  • Your score and time will appear in the leader board only if you complete the quiz within a 3-minute time frame from the time of starting the Quiz.
  • Should you not be able to complete the Quiz within the stipulated 3-minute time frame, your game will be ended and a pop-up message will inform you that you are out of time.
  • The participant that has the best score in the fastest time over the relevant "Quiz Period" (as specified in the App prior to entering the relevant Quiz) will win 100 coins
  • The rest of the top 10 of the leaderboard are rewarded with coins as well.
    • 2nd position – 75 coins
    • 3rd position – 50 coins
    • 4th position – 25 coins
    • 5th position – 20 coins
    • 6th position – 15 coins
    • 7th position – 10 coins
    • 8th position – 8 coins
    • 9th position – 6 coins
    • 10th position – 4 coins

 

Waiver and Indemnity

By using the App or the Quizzes, you agree to the extent permitted by law, to indemnify and hold Isle of Fortune Pte. Ltd., its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the App or Quizzes, or any action taken by Isle of Fortune Pte. Ltd. as part of its investigation of a suspended violation of the EULA or as a  result of its finding or decision that a violation of the EULA has occurred. You agree that you shall not sue or recover any damages from Isle of Fortune Pte. Ltd., its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the App or the Quizzes, or to take any other action during the investigation of a suspected violation or as a result of Isle of Fortune Pte. Ltd’s conclusion that a violation of the EULA has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by the EULA.

 

Limitation of liability

NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

WE ONLY SUPPLY THE APP TO YOU FOR YOUR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE APP FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

SUBJECT TO CLAUSE 9.1, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE BUT WE ARE NOT RESPONSIBLE FOR ANY UNFORESEEABLE LOSS OR DAMAGE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME WE AND YOU ENTERED INTO THIS EULA.

NOTWITHSTANDING CLAUSE 9.3 AND SUBJECT TO CLAUSE 9.1, WE EXCLUDE OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, IN PARTICULAR, WE HAVE NO LIABILITY TO YOU FOR ANY LOSS ARISING OUT OF:

  • ANY FAULT OR OTHER PROBLEM WITH THE DEVICE THAT YOU USE TO ACCESS AND/OR USE THE APP;
  • ANY LOSS OF INTERNET CONNECTIVITY BY YOU THAT AFFECTS YOUR USE OF THE APP; OR
  • ANY OTHER CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL.
  • SUBJECT TO APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT THAT YOU HAVE SPENT ON PURCHASING OPTIONS USING IN APP PURCHASE OR GAMES IN ANY PAID QUIZ OR PAID PURCHASE SINCE OPENING YOUR ACCOUNT. 

 

Breach & Termination

If you breach any provision of this EULA we may at our discretion:

  • Suspend your access to the App for an indefinite period; or
  • Terminate this EULA immediately by written notice to you,
  • We reserve our rights to take any other steps that we deem necessary in our sole discretion (including the right to commence legal proceedings against you, both of a civil and criminal nature) as a result of such breach.
  • We may also terminate this EULA at our discretion by giving written notice of  1 day prior to termination via email.
  • You may terminate this EULA at any time by closing your Account (in accordance with the procedure set out on the App) and deleting the App.

 

On termination for any reason:

  • All rights granted to you under this EULA shall cease;
  • You must immediately cease all activities authorised by this EULA, including your use of any Quizzes provided through the App;
  • We may at our discretion close your Account;
  • You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and
  • For the avoidance of doubt, you will not receive a refund (whether in cash or any other benefit in kind) for any Purchased Games currently held in your Account at the date of termination.

 

Communication between us

  • If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at contact@isleoffortune.com. We will confirm receipt of this by contacting you by e-mail. 
  • If we have to contact you or give you notice in writing, we will do so by e-mail to the address stated in your Account.

 

Other important terms

  • We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA. 
  • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
  • Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  • This EULA is governed by the laws of Singapore. This means that your access to and use of the App and any dispute or claim arising out of or in connection therewith (including contractual and non-contractual disputes) will be governed by the laws of Singapore and shall be submitted to the courts of Singapore. 

 

ANNEX

Additional App Terms

The following terms and conditions shall apply to your use of the App in addition to those set out in the EULA. 

For the purpose of this Annex, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Google is the Appstore Provider if you have downloaded the App from Google Play).

 

You acknowledge and agree that this EULA has been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.

  • You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact us at contact@isleoffortune.com.
  • You acknowledge and agree that any email communication made to us might take at least 5 working days for us to revert.
  • In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
  • You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event that some third-party claims that the App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defense, settlement and discharge of such claim.
  • You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If the Appstore Provider is Google, you acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Google will have the right to enforce the EULA against you as a third-party beneficiary.