Terms of Service
Effective Date: 2023.9.1
1.1 This Terms of Service ("Agreement") is a legally binding agreement between Xfire Games Pte. Ltd. ("Xfire," "we," "our," or "us") and you ("you" or "User"). Please read these Terms carefully because they govern your access to and use of our Services, Application Content, and User Content and are legally binding.
1.2 We provide our users with:
(a) Applications for mobile devices, and web applications accessible on Third-Party Social Networking Services (“SNS”) (collectively, as “Applications”);
(b) Game publisher networks, crowd sourcing services and platforms (“Networks”) in connection with Applications and Third-Party Applications (defined below);
(c) Web forums or messaging boards in Applications and our Sites (collectively, our “Forums”;
(d) Any and all of our Applications, Networks, Sites and Forums are referred to herein as our “Services”.
1.3 User means an individual who registers for an account or otherwise uses or accesses the Services provided by us (the “User”).
1.4 By making a registration or application for the Account, downloading the software of Xfire Game(s), playing the Xfire Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing any services provided by Xfire , you are deemed to have read, understood, and accepted all the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR APPLICATION CONTENT.
1.5 Xfire reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion there of, on a global or individual basis, or to modify these Terms, at any time and without prior n otice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
1.6 You acknowledge and agree that your use of the Xfire Services is also governed by the Privacy Policy which may be amended from time to time by Xfire in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement .
1.7 You agree that to enter into this Agreement, you are an adult of legal age of majority in your country of residence, and you are legally and financially responsible for all actions using or accessing the Xfire Services. BY ACCEPTING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND UNDERSTAND THIS AGREEMENT.
1.8 NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
1.9 Please note the software of Xfire Game(s) may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within the Xfire Game(s).
1.10 Please note that the Xfire Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that Xfire may exercise part or all of its rights hereunder. You confirm that, by installing, copying, running or otherwise using the Xfire Game(s), you agree to be bound by this Agreement.
2. Account
2.1 In order to use our Services, you need to register to create an Account and become our "User".
2.2 You may establish an Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the Xfire Services. When you have successfully created an Account, as a registered user ("User" or "Registered User"), you need to create a username ("Nickname") to be used during your game play. You acknowledge and agree not to use Nicknames that are obscene or otherwise offensive, political, racially or other sensitive terms. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable Nickname if, in our discretion, we consider that your Nickname (or its use) is offensive or otherwise breaches the agreement terms in any way.
2.3 You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the Xfire Services.
2.4 As legal guardian of a minor，in registering for an Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Xfire reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
2.5 You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Account, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Xfire of any unauthorized use of your Account.
2.6 Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, Xfire reserves the right to take actions, including but not limited to terminate your Account immediately without any refund.
2.7 We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with this Agreement. If your Account is so terminated, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service, and we may terminate it as soon as reasonably practical after receiving your termination request.
3. Application Content License
Subject to your compliance with these Terms, Xfire hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any Application Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Application Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Xfire or its licensors, except for the licenses and rights expressly granted by these Terms.
4. General Prohibitions
4.1 You agree not to do any of the following while using our Services, Application Content, or User Content:
i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of Xfire or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of the Xfire Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the Xfire Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Xfire Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
4.2 Xfire reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While Xfire reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the Xfire Services, you are solely responsible for any interactions with other Users. By using the Xfire Services, you acknowledge and accept that at any time there may be language or material accessible on or through the Xfire Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall Xfire be liable for any inappropriate User behavior or language. If Xfire determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, Xfire reserves the right to suspend or terminate your access to the Xfire Services and/or to take other enforcement actions as Xfire deems necessary to safeguard its rights.
4.3 Xfirer reserve s the right, at any time and without prior notice, to remove or disable access to any User Content that Xfire in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services. We encourage Users to report any suspected misconduct or misuse of our Services.
5. Use of Account by Minors
5.1 The application of this section is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
5.2 You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the Xfire Services.
5.3 To enter into this Agreement, you must be an adult of the legal age of majority in your country of residence. By accepting this Agreement, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing the Xfire Services, whether or not authorized by you.
5.4 If you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into this Agreement. Your parent or legal guardian must review this Agreement and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this Agreement on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the Xfire Services, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.
6. Ownership
6.1 Except as expressly provided in these Terms, Xfire and our licensors exclusively own all right, title and interest in and to the Services and Application Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights, and trade secret rights (“Intellectual Property Rights”).
6.2 You acknowledge that your use of the Xfire Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the Xfire Services may cease to be available to you at any time without prior notice in the sole discretion of Xfire.
6.3 You agree that any or all of the Xfire Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Xfire’s express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of Xfire. Please note any unauthorized reproduction or redistribution of the Xfire Services shall be prohibited and may result in severe legal penalties.
6.4 Xfire will exclusively own all right, title and interest in and to any Customizations. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Application Content.
7. User Content
7.1 "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to Xfire or our agents pertaining to the Xfire Services. You confirm that you irrevocably grant Xfire a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing Xfire to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights.
7.2 Xfire is not responsible for the conduct of any User who submits any User Content, nor is it responsible for monitoring the Services for inappropriate content or conduct. We do not and cannot pre-screen or monitor all User Content. Your use of the Service is at your sole risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in accordance with your expectations. You assume all risks associated with the use of any User Content in connection with the Service.
7.3 When you use the Services, technology may monitor and/or record your interactions or communications with the Services (including, without limitation, chat texts). By entering into these Terms, you hereby irrevocably consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with respect to the transmission of any User Content (including, without limitation, chat text or voice communications).
7.4 Xfire reserves the right, in its sole discretion, to review, monitor, disable, edit, remove, disable access to, or otherwise make unavailable any User Content (including, without limitation, Your User Content) without notice, for any reason or no reason at all. If Xfire chooses to monitor the Services at any time, in its sole discretion, Xfire has no responsibility for User Content and no obligation to modify or remove any inappropriate User Content. We have the right (but not the obligation) to edit, refuse to post, or remove any User Content in our sole discretion.
8. In-Game Currency and Goods
8.1 The Xfire Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. The Xfire Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and Xfire reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
8.2 Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the Xfire Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of Xfire’s rights to continue claiming for compensation.
8.3 Xfire reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Xfire may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
8.4 When you provide payment information to Xfire or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize Xfire to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law.
8.5 You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
9. Orders & Payments
9.1 YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 13 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
9.2 You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from Xfire in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from Xfire that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Account.
10. Taxes
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
11. Protection of Personal Information
All the information collected from you is subject to Local Laws and Xfire shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the Xfire Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, the user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see Xfire’s Privacy Policy for more information regarding to the collection and use of your information.
12. Termination of Accounts
12.1 Without limiting other remedies, Xfire may at any time suspend or terminate your Account and refuse to provide access to our Services if Xfire suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
(a) failed to comply with any provision of these Terms or any policies or Rules established by Xfire; or
(b) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Users, Xfire or any other third parties or our Services; or
(c) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
12.2 In addition, Xfire may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
12.3 You may terminate your Account at any time and for any reason by contacting with us.
13. Effects of Termination, Suspension of Account
13.1 Upon termination of your Account for any reason by you or us, you will lose all access to such account. Terminated Accounts cannot be reinstated.
If your Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your Account is terminated for any reason by you or us, you understand and agree that Xfire may redeem and use the Virtual Currency in the Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
13.2 You agree that Xfire will not be required to issue refunds for any reason whatsoever, except in exceptional circumstances to be negotiated between you and Xfire, and upon any termination, you understand and acknowledge that we will no longer be obligated to provide our services. Xfire will not be liable to you or any third party for any termination of our Services or any termination of your use of our Services.
13.3 UPON ANY TERMINATION OR SUSPENSION OF YOUR ACCOUNT, ANY CONTENT, MATERIALS, OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Xfire will have no obligation to maintain any information stored in our database related to your Account. Any suspension, termination or cancellation will not affect your obligations to Xfire under these Terms (including, without limitation, proprietary rights, and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
14. Indemnification
You agree to defend, indemnify, and hold Xfire and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
i. your access or use of the Xfire Services;
ii. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
iii. any materials, User Contributions, User Content or other information provided by you or on your behalf;
iv. your violation of any applicable laws or third-parties' rights and interests; and/or
v. your other illegal or inappropriate behavior.
15. Injunctive Relief
Without prejudice to any other rights or remedies that Xfire may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, Xfire shall, without proof of special damages, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Xfire may be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from Xfire.
16. Limitation of Liability
16.1 You agree that your use of the Xfire Services shall be at your own risk. Xfire provides the Xfire Game(s) and/or the Xfire Services on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws, Xfire and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether Xfire has been advised of the possibility of such liabilities.
16.2 Xfire hereby disclaims all warranties, conditions, common law duties and representations, either express, implied, oral or written. Xfire makes no warranties about the accuracy or completeness of the Xfire Services. Also, Xfire assumes no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of the Xfire Services;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the Xfire Services;
iii. any interruption, suspension or termination of the Xfire Services;
iv. any bugs, viruses or similar links transmitted by third parties on or through the Xfire Services;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
16.3 In no event shall Xfire be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if Xfire has been advised of the likelihood of such damages occurring.
16.4 Xfire has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, Xfire is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
16.5 IN NO EVENT WILL Xfire AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR APPLICATION CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED Singapore Dollar (S$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Xfire AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.6 To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the Xfire Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
17. Modification
Xfire reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the Xfire Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to the Xfire Services will constitute your acceptance to the newly-updated Agreement and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the Xfire Services, your License under this Agreement shall immediately terminate and you may immediately stop accessing to the Xfire Services.
18. Notice
18.1 To the maximum extent permitted by applicable laws, Xfire may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Xfire Services) to the Users through one or more of the following, including but not limited to notice or announcement within the Xfire , page announcement on the Xfire's websites, games, official channels, website tips, mobile phone messages, email, or other contact information you provided to Xfire.
18.2 Once any notice is dispatched or sent in any way listed above by Xfire, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform Xfire in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
19. No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of Xfire. Otherwise, Xfire may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, Xfire shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
20. General
20.1 This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and Xfire.
20.2 If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable.
20.3 No failure or delay on the part of Xfire in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
20.4 You agree that Xfire expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone use or access to the Xfire Game(s) and/or the Xfire Services; to cease providing any services; and/or to change, add any portion of the Xfire Services.
20.5 You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
20.6 In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
21. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of law’s provisions. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrator(s). The language of the arbitration shall be English.
22. Contacting Us
If you have any questions about these Terms, please contact Xfire Games at support@xfire.games