Terms of Service

Last updated: 5 May 2024

Welcome to the terms of service (the "Terms of Service") for (i) the website playmistermonster.com (the "Website"), owned by Andas Productions Pte. Ltd. (UEN: 202342903H), a company incorporated under the laws of Singapore (the "Company", "us", "our", "we"); (ii) the "What's the Matter, Mister Monster?" game accessible on the Website (the "Game"); and (iii) all content and functionalities accessible via our Website and the Game, including any software or services enabled thereby, and other related services which we may make available from time to time (collectively, the "Services").

These Terms of Service apply to and regulate your access to and use of the Services. Your use of any of the Services shall be deemed as your acceptance of, and compliance with, these Terms of Service.

These Terms are expressly deemed to incorporate our Privacy Policy and shall apply to your use of any of the Services.

If you, an individual, are accessing or using any of the Services on behalf of an organisation, you represent and warrant that you have the required authority to bind that organisation to these Terms. In this case, references in the Terms to "you" and "your" are references to you both as an individual and to that organisation.

By continuing to access or use the Services, you accept and agree to the Terms in their entirety. If you do not accept the Terms, you must stop accessing or using the Services.

These Terms of Service may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the "Last Updated" date on which these Terms of Service were last updated. You are encouraged to check for any updates to these Terms of Service prior to your access or use of any of the Services. Your continued use of the Services constitutes your acknowledgement and acceptance of these Terms of Service as changed from time to time.

  1. GENERAL DEFINITIONS AND INTERPRETATION
    1. In these Terms, the following words shall have the meanings ascribed below:
      1. "Applicable Law" means laws, rules, regulations, regulatory guidance, regulatory requirements and any form of subsidiary legislation, resolution, policy, guideline, concession or case law of the relevant jurisdiction from time to time having the force of law and relevant to the Company's provision of, and a party's access to and use of, the Services;
      2. "Company Entities" has the meaning ascribed to it in Clause 9.2;
      3. "Intellectual Property Rights" means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, domain names and all similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; and (e) wherever existing;
      4. "Privacy Policy" means our Privacy Policy accessible at as amended from time to time;
      5. "Services Content" means Intellectual Property Rights in the related audiovisual assets, artwork, and other Services-related content and content derived from the Services, except for the licence grants expressly set forth herein; and
      6. "Trade Marks" has the meaning ascribed to it in Clause 6.2.3.
    2. Where applicable:
      1. references to "Terms of Service" and these "Terms" are to these Terms of Service and the terms contained herein, as may be revised, amended or supplemented from time to time, and include any policies and documents incorporated herein;
      2. the expression "written" or "in writing" means the representation or reproduction of words or symbols or other information in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mail) or otherwise; and
      3. the terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
    3. In these Terms of Service, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
    4. Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
    5. The headings used in these Terms of Service are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms of Service.
    6. References to "Clauses" are to clauses of these Terms of Service.
  2. OUR SERVICES
    1. The Services provide access to the Game, which you may access and use pursuant to the licence granted to you pursuant to Clause 4.
    2. DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF THE COMPANY ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.
  3. ELIGIBILITY
    1. You must be at least 18 years old to use the Services.
    2. You are responsible for all activities you conduct on the Website.
    3. Without limiting its other rights and remedies, the Company reserves the right to block or deny access to, suspend or terminate your access and use of the Website at any time, at the Company's absolute discretion, without giving any reason or prior notice, and the Company shall not be liable or responsible for any claim, demand, action, proceeding, damage, liability, cost, loss or expense arising out of the same.
  4. LICENCE
    1. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, limited, royalty-free, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the software provided to you as part of the Services. This license has the sole purpose of enabling you to enjoy the benefit of the Services as provided by us for your own personal, non-commercial use, in the manner permitted by these Terms. For the avoidance of doubt, you are not permitted to licence, sublicense or resell any of the Services. If you breach any obligation under these Terms, the said licence will terminate automatically.
    2. All rights not expressly granted to you hereunder are reserved by the Company, its third-party providers and other respective owners, if any.
    3. Except for the licence granted under Clause 4.1, you have no other rights to the Services, and you shall not, and shall not permit any other person to, except as permitted in the licence grant above: modify, edit, copy, distribute, reproduce, publish, transmit, translate, display, perform, duplicate, license, sell, rent, lease, loan, create derivative works from, reverse engineer, alter, enhance, provide access to or in any way exploit the Services in any manner.
  5. YOUR RESPONSIBILITIES
    1. By using the Services, you represent and warrant that the laws of your country of residency do not prohibit you from doing so in accordance with these Terms of Service. For the avoidance of doubt, the ability to access the Services does not necessarily mean that the Services, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction.
    2. Save as otherwise expressly permitted by the Company, you shall not, and shall not permit any other person, to:
      1. modify, edit, copy, distribute, reproduce, publish, transmit, translate, display, perform, duplicate, license, create derivative works from, reverse engineer, alter, enhance, or offer for sale any Services (including sell, rent, lease, loan), any Services Content or any part thereof, except as expressly authorised under Clause 4 above;
      2. use, offer, promote, advertise, make available, and/or distribute the following or assist therein:
        • automation software (bots) (i.e., any code and/or software, not expressly authorised by the Company, that allows the automated control of the Game or any other feature of the Services);
        • hacks (i.e., accessing or modifying the software of the Services in any manner not expressly authorised by the Company);
        • modifications (mods) not expressly authorised by the Company; or
        • any other code and/or software, not expressly authorised by the Company, including third-party software, that can be used in connection with the Services which changes and/or facilitates the gameplay or other functionality of any component or feature of the Services;
      3. attempt to trade, sell, rent, loan, lease, sublicense, grant a security interest in, or otherwise transfer any copy of the Services, any component thereof, or your rights to the Services to any other party in any way not expressly authorised herein;
      4. access or use the Services in any manner that could interfere with, disrupt or impose an undue burden on the Services or any server or network connected to the Services or negatively affects the quality, availability, speed or functionality of the Services;
      5. introduce a worm, virus, or other malware to the Services, or other materials that are malicious or technologically harmful into our systems;
      6. violate, bypass or circumvent any security measure intended to limit or prevent access to the Services, or otherwise attempt to gain unauthorised access to the Services or to any computer systems or networks connected to the Services or any of the Company's servers, whether through hacking, password mining, unauthorized use of another user's password/credentials or any other means;
      7. interfere with, disrupt, modify, reverse engineer, disassemble, decompile, decode or derive source code from the Services (including any underlying idea or algorithm), or attempt to do any of the same;
      8. circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
      9. use the Services for illegal, harassing, unethical, or disruptive purposes, including engaging in any conduct intended to disrupt or diminish the game experience for other players or disrupt operation of the Services in any way, including disrupting or assisting in the disruption of any computer used to support the Services or any Game environment;
      10. introduce or otherwise distribute through the Services any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
      11. except as provided herein, make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on or through the Services, or modify or remove any copyright or other proprietary notice displayed on or through the Services;
      12. use the Services or any data associated with the Services for any unlawful purpose, including in contravention of any Applicable Law (including sanctions laws and other laws relating to anti-money laundering, anti-bribery and corruption, tax evasion or similar tax crimes, including facilitation, and other financial crimes) or third-party rights; or
      13. access or use the Services in any way not expressly permitted by these Terms of Service.
    3. Additionally, you acknowledge and agree that you (and not the Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Services, and paying all charges related thereto.
  6. OWNERSHIP AND INTELLECTUAL PROPERTY
    1. Except as expressly granted herein, all Intellectual Property Rights in and to the Services, the Services Content (including Game audiovisual assets and artwork), data, information, and other materials, shall vest and remain vested in the Company or its licensors.
    2. You acknowledge and agree that:
      1. the Services and Services Content contain proprietary information and you shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of the Company on or in the Services, Services Content or any related materials and documentation;
      2. the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trade mark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company;
      3. all trade marks, logos, service marks, trade names, business names and all other product or service names or slogans (collectively, the "Trade Marks") which appear in any of the Services are registered and unregistered Trade Marks or are licensed for use by the Company from third parties;
      4. the Company's Trade Marks are solely the property of the Company. The absence of a name, logo or other mark herein does not constitute a waiver of any and all Intellectual Property Rights that the Company has established. All other Trade Marks which appear on any Services or Services Content are the property of their respective owners;
      5. nothing contained in any of the Services should be construed as granting, by implication or otherwise, any licence or right to use any Trade Marks displayed in any of the Services without the written permission of the Company or such third party who owns the Trade Mark; and
      6. you shall not deal with or otherwise use any Trade Mark displayed in any Services and/or Services Content, contrary to the provisions of these Terms of Service.
    3. The use or misuse of the Intellectual Property Rights of the Company or its licensors, except as expressly permitted by these Terms, is prohibited. You shall notify the Company at games@andasproductions.com promptly upon becoming aware of any unauthorised access to or use of the Services or Services Content by any individual or entity or of any claim that the Services or Services Content infringes upon any Intellectual Property Rights of any third party.
  7. TRANSACTIONS WITH THIRD PARTIES

    Under no circumstances shall it be construed that, in the case of any services, products or programmes of any third party accessible through the Services, the Company is a party to any transaction between you and such third party or that the Company endorses, sponsors, certifies, or is involved in the provision of such services, products, applications or programmes of such third party. The Company shall not be liable in any way for any products obtained and/or purchased from or services rendered by any such third party which shall be the sole responsibility of the relevant third party.

  8. UPDATES AND PATCHES

    The Company (or a third party on the Company's behalf) may deploy or provide patches, updates, and modifications to the Services that must be installed for you to continue to use the Services. The Company may update the Services remotely, including, without limitation, any aspect of the Services residing on your computer and internet browser, without your knowledge or consent, and you hereby grant to the Company your consent to deploy and apply such patches, updates, and modifications as the Company, in its sole discretion, deems necessary or advisable. You also agree that the Company may change, modify, suspend, "nerf," "buff," discontinue, or restrict your access to any features or parts of the Services at any time without notice or liability to you.

  9. DISCLAIMERS AND LIMITATION OF LIABILITY

    Please read this section very carefully.

    1. Nothing in these Terms of Service excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by Applicable Law which cannot lawfully be excluded, restricted or modified.
    2. YOUR ACCESS TO AND USE OF THE SERVICES AND THE SERVICES CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE "COMPANY ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES AND THE SERVICES CONTENT; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES AND THE SERVICES CONTENT; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND (F) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT, DATA, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
    3. To the maximum extent permitted by Applicable Law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services and/or Services Content against the Company within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
    4. IN NO EVENT SHALL THE COMPANY ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICES AND THE SERVICES CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES AND THE SERVICES CONTENT; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE AND THIRD-PARTY SERVICES AND PRODUCTS OBTAINED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICES AND THE SERVICES CONTENT WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    5. IN NO EVENT SHALL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING S$100. THIS CLAUSE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS CLAUSE WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  10. INDEMNIFICATION

    Except to the extent prohibited under Applicable Law, you shall indemnify, defend and hold harmless the Company Entities and their consultants, contractors, service providers, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of, relating to or in connection with: (i) your use (or misuse) of or access to the Services and/or Services Content; (ii) your violation of any obligation under these Terms; (iii) your violation of any Applicable Law (including any applicable privacy laws and regulations); or (iv) your negligence or wilful misconduct. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences and in the conduct of such defence.

  11. MODIFICATION TO THE SERVICES

    At any time and in the Company's sole discretion, the Company may (in whole or in part) modify, suspend or discontinue the Services and/or the Services Content without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.

  12. ENFORCEMENT

    The remedies available to the Company under these Terms are cumulative and in addition to any others available to the Company. The Company may seek all remedies available to it at law and in equity for any violation of the Terms. The Company may suspend, terminate or block your access to the Services and/or the Services Content (in whole or in part) for any violation, or suspected violation as we determine, without notice to you. Your violation of the Terms shall be considered a breach of contract. We reserve the right, but do not assume any obligation, to investigate any suspected violation of the Terms or any misuse of the Services. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) system administrators at Internet service providers, networks or computing facilities; and (iii) providers and/or third-party vendors if we suspect that you have violated the Terms or that you have violated any Applicable Law. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Services, including without limitation your IP address or other identifying information, to law enforcement authorities, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with Applicable Law or other legal process or governmental or regulatory request.

  13. GOVERNING LAW
    1. These Terms of Service and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Services and Services Content, shall be governed by and construed in accordance with the laws of Singapore, without regard to any principles of conflicts of law.
    2. You irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore.
    3. You acknowledge that any breach of either of Clause 5 (Your Responsibilities) or Clause 6 (Ownership and Intellectual Property) would cause immediate and irreparable harm to the Company, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to the Company at law or in equity, the Company shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.
  14. TERMINATION
    1. If you want to terminate the Services, you may do so by ceasing access to our Website and usage of our Services. For the avoidance of doubt, these Terms of Service remain in full force and effect while you use the Services.
    2. You acknowledge and agree that the Company, in its sole and absolute discretion, may (i) stop providing support for or access to the Services at any time, for any reason or no reason, and (ii) terminate your right to use the Services and terminate these Terms immediately at any time without notice or liability to you. The Company shall not be required to provide benefits or other compensation to users in connection with any discontinued Services.
    3. In the event of termination of these Terms or your rights or licence granted hereunder, you must (i) cease to use the Services; (ii) immediately and permanently remove from all of your devices all aspects of the Services in your possession and control. Upon termination of these Terms for any reason, all licenses granted herein shall be automatically terminated.
    4. No termination of these Terms shall limit or affect rights or obligations that accrued prior to the effective date of termination or expiration. Clauses 6 (Ownership and Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Termination), and 16 (General) shall survive any termination or expiration of these Terms.
  15. FORCE MAJEURE

    In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, infectious diseases, epidemics, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in the Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services, or any information provided to, or gathered by, us with respect to such use.

  16. GENERAL
    1. These Terms, and any other terms or documents referenced therein, including our Privacy Policy, constitute the entire agreement between you and the Company relating to your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and the Company with respect to the Services. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    2. You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Company Entities as a result of the Terms or use of the Services.
    3. The Terms, and any rights and licenses granted thereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
    4. If any provision of the Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth in these Terms of Service above, is determined to be invalid or unenforceable under Applicable Law, such provision shall be construed, limited or if necessary severed to the extent necessary to eliminate such invalidity or unenforceability and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected but shall remain in full force and effect.

Back