Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR COMIC READER APP

 

These terms tell you the rules for using our website http://www.dimsumwarriors.com, its content and associated comic reader app (hereinafter, the “Services”).

 

About Us

 

The Services are operated by Yumcha Studios Pte Ltd, a company registered in the Republic of Singapore, with Unique Entity Number 20192910K, and whose official registered address is 42 Jalan Greja, Singapore 488951. Yumcha Studios Pte Ltd is also hereinafter referred to as “Yumcha Studios”, “we”, “us” and/or “our”.

 

By Using The Services, You Accept These Terms of Use

 

By using and accessing the Services, you, on your own behalf and on behalf of your children (hereinafter jointly referred to as “you” and “your”), are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and Yumcha Studios. If you do not agree to these Terms, please discontinue your access to and use of the Services immediately.

 

Children and Young Persons

 

Our Services are aimed at users of various ages. There are however no age barriers to those accessing the Services. Users under 13 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 13 using the Services should review these Terms of Use carefully. Contributions submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Services that it is important to communicate with the minors about their safety online. If you permit a child to use a device to access, view or listen to content on the Services you are solely responsible for deciding whether or not that content is appropriate for that child.

 

Consideration

 

You acknowledge and agree that your access to and use of the Services are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement, as well as our Privacy Policy and our Cookie Policy.

 

Amendments to Terms of Use

 

We reserve the right, in our sole discretion, to change these terms at any time, and will publish a revised version of these Terms of Use through our Services. You are responsible for regularly reviewing these Terms of Use. Continued access to and use of the Services following any such change means you accept and will abide by the changes. These terms were most recently updated on 15 July 2020.

 

Changes to Our Services

 

We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities.

 

We may suspend or withdraw our Services.

 

We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Security

 

You must keep your account details safe

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@dimsumwarriors.com

 

Intellectual Property: Ownership of Services and Content

 

The Services are owned and operated by Yumcha Studios. Yumcha Studios owns the copyright in all elements of the Services and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Services include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Services. Your use of the Services does not give you ownership of any content in the Services.

 

Dim Sum Warriors 点心侠 ® is a registered trademark controlled by Yumcha Studios Pte Ltd. All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Services are registered or unregistered Trademarks of Yumcha Studios, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees, and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.

 

You may access and view the Services and their content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Services, provided that you do not remove or alter any copyright or other legal notices from the Services or their content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Services or their content. Any use of the Services or their content, other than as explicitly permitted herein, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable laws.

 

User Submissions

 

We do not ask for nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Services, by email or in any other way. If you post, upload, transmit or submit any materials, content (including, for example, any photographs or audio recordings), information or ideas to Yumcha Studios (“Your Content”), (1) you represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any “moral rights” in Your Content have been waived, and (2) you grant to Yumcha Studios a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use Your Content for any purpose Yumcha Studios chooses, commercial or otherwise, in its sole discretion, without any compensation to you and in accordance with our Privacy Policy. We cannot be responsible for maintaining Your Content that you provide to us, and we may delete or destroy Your Content at any time.

 

Copyright Agent

 

We respect the intellectual property rights of others and require that the people who use the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent named below:

 

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

 

Copyright Agent: Colin Goh, email: colingoh@yumchastudios.com

 

Competitions

 

We may, from time to time, run competitions via our Services. If you wish to take part in any such competition you must at the time of entry confirm that you agree to be bound by the relevant competition terms and conditions and any other specific rules which may apply from time-to-time to any such competition.

 

Use of Personal Information

 

During the course of your use of the Services, you may be asked to provide certain personalized information to us (such information referred to herein as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information, and you agree to keep it up to date.

 

Right to Monitor and Editorial Control

 

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Services or its features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement, the policies of Yumcha Studios or applicable law. We may also impose limits on certain features or restrict your access to part or all of the Services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

 

Prohibited Conduct

 

You warrant and agree that, while accessing or using the Services, you will not:

 

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Services or Yumcha Studios, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, or related parties;
  • insert your own or a third party’s advertising, branding or other promotional content into any of the Services or their content and/or materials;
  • misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
  • attempt to gain unauthorized access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services.
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services through any means, including through means not intentionally made publicly available or provided for through the Services;
  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
  • use the Services or its features in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests, or attacking our Services via a denial-of-service attack or a distributed denial-of service attack.
  • use the Services in violation of the intellectual property or other proprietary or legal rights of Yumcha Studios, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, related parties or any third party;
  • use the Services in violation of any applicable law; or
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services.

 

You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Services.

 

By breaching this provision, you would be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

 

Links to Our Services

 

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You agree that if you include a link from any other website to the Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Services. You are not permitted to link directly to any image hosted on the Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to the Services in any manner such that the Services, or any page of the Service, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Services be discontinued, and to revoke your right to link to the Services from any other web site at any time.

 

We reserve the right to withdraw linking permission without notice.

 

If you wish to link to or make any use of content on our Services other than that set out above, please contact info@dimsumwarriors.com

 

Links From The Services to Third Party Sites

 

As a convenience for users, the Services may contain links to Internet sites maintained by third parties (“Linked Sites”). You acknowledge and agree that Yumcha Studios does not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When you link to a Linked Site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of Linked Sites, and any reliance on the contents of a Linked Site is at your own risk.

 

Indemnification

 

You agree to indemnify and hold harmless Yumcha Studios and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Services in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Services or your violation of law or breach of the terms of this Agreement. Yumcha Studios reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by Yumcha Studios.

 

General Disclaimer and Limitation of Liability

 

Yumcha Studios controls and operates the Services from offices in the Republic of Singapore. We make no representation that the Services or their content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.

 

The Services provide information of a general nature only and are not intended to amount to advice on which you should rely. You are responsible for determining whether such information applies to your specific situation, and for obtaining professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. Yumcha Studios specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided in the Services.

 

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services are accurate, complete, up to date or fit for a particular purpose of the Services. Yumcha Studios is not liable for any errors, omissions, or inaccurate content on the Services.

 

THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. YUMCHA STUDIOS DOES NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SERVICES AT YOUR OWN RISK. YUMCHA STUDIOS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. YUMCHA STUDIOS MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL YUMCHA STUDIOS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL YUMCHA STUDIOS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL YUMCHA STUDIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVICES.

 

Apple app users

 

If you access our services via our comic reader app on the Apple platform, the follow terms specifically apply to you:

 

You acknowledge that these terms and conditions are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for our Services and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to the Services.

 

Your licence to use the Services is limited to a non-transferable licence to use the Services on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Services may also be accessed and used by other accounts associated with the you via Family Sharing.

 

You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

 

You acknowledge that, in the event of any third party claim that the Services or your possession and use of Services infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

 

You represent and warrant 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.

 

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.

 

Termination

 

Yumcha Studios may terminate, change, suspend or discontinue any aspect of the Services at any time. Yumcha Studios may restrict, suspend or terminate your access to the Services and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Services or you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, Yumcha Studios may terminate use or access privileges to the Services of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Services. This Agreement is effective until terminated by you, or by Yumcha Studios for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Services and to immediately destroy all materials obtained from it.

 

Miscellaneous

 

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Services, including our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail.

 

You agree that Yumcha Studios may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.

 

This Agreement is governed by and is construed in accordance with the laws of the Republic of Singapore, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction of the courts of the Republic of Singapore in all disputes arising out of or relating to your use of the Services. Notwithstanding the foregoing, Yumcha Studios shall have the right to bring action against users of the Services before courts of competent jurisdiction in the jurisdiction in which such users reside or are located: (i) to seek injunctive relief against such users, (ii) to obtain a judgment against such users where a judgment by a Singapore court will, or may, not be enforced by the jurisdiction in which such user resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Singapore court.

 

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Entire Agreement

 

This Agreement constitutes the entire agreement between you and Yumcha Studios with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yumcha Studios with respect to the Services. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

 

Any rights not expressly granted in this Agreement are reserved to Yumcha Studios.

 

PLEASE ALSO REFER TO OUR PRIVACY POLICY AND OUR COOKIES POLICY

 

Contact Details:

For all queries, please contact us by e-mail: support@dimsumwarriors.com

Alternatively, you can reach us by filling in our Contact Form

 

EFFECTIVE DATE: 15 JULY 2020