Syarat & Ketentuan

1. CONDITIONS OF USE

WhatzCreative is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.


2. OVERVIEW

Your use of this Site constitutes your agreement to all terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms and Conditions, as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms and Conditions, you must exit the Site immediately and discontinue any use of information or products from this Site.


3. MODIFICATION OF THE SITE AND THESE TERMS & CONDITIONS

WhatzCreative reserves the right to change, modify, alter, update or discontinue the terms, conditions, and notices under which this Site is offered and the links, content, information, prices and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. We have the right to adjust prices from time to time. If for some reason there may have been a price mistake, WhatzCreative has the right to refuse the order. By your continued use of the Site following such modifications, alterations, or updates you agree to be bound by such modifications, alterations, or updates.


4. GRANT OF LICENSE

WhatzCreative grants you the right to access and use the Licensed Software Platform solely for your internal business purposes for the duration of this Agreement. This right is non-exclusive, non- transferable, and limited by and subject to this Agreement. You may not: (a) modify, adapt, decompile, disassemble, or reverse engineer any component of the Licensed Software Platform; (b) create derivative works based on any component of the Licensed Software Platform; (c) allow any third party to use or have access to any component of the Licensed Software Platform or Documentation.


5. PROPRIETARY RIGHTS

You acknowledge and agree that: (a) the Licensed Software Platform and Documentation are the property of WhatzCreative or its licensors and not Yours, and (b) You will use the Licensed Software Platform and Documentation only under the terms and conditions described herein.


6. FEES

In consideration for the license granted, you shall pay to the WhatzCreative the license fee (the “License Fee") as set out in the fee schedule on the Pricing page of the Site. The License Fee is exclusive of VAT and shall be invoiced monthly and billed to the Licensee’s credit card details. All such invoices shall be sent to the Licensee email address specified as part of the registration process. You shall pay all sales, use and excise taxes, and any other assessments in the nature of taxes however designated on the Licensed Software Platform or its license or use on or resulting from this Agreement, unless You furnish WhatzCreative with a certificate of exemption from payment of such taxes in a form reasonably acceptable to WhatzCreative.


7. ELIGIBILITY

These Terms and Conditions cover either i) usage to evaluate the Licensed Software Platform, including via prototypes made available on Preview, or ii) usage by smaller independent developers, students, academic staff or hobbyists. All other uses are subject to a separate commercial agreement with WhatzCreative.


8. SUPPORT

As a licensee of the Services you will receive 24•7 monitoring and dashboard reporting and you may contact WhatzCreative Support by logging a support ticket at https://whatzmoment.com. You may also access the WhatzCreative support resources at https://whatzmoment.com. Higher support tiers are subject to a separate licence from WhatzCreative.


9. TERMS OF TERMINATION

WhatzCreative, at its sole discretion, may suspend or terminate this Agreement with immediate effect if:

  • WhatzCreative suspects that you are endangering the License Software Platform; or
  • You commit any material breach of your obligations under this Agreement; or
  • You cease to carry on business or become unable to pay your debts; or
  • You have or may become incapable of performing Your obligations under this Agreement.

    • Should this Agreement be terminated, you agree to return or certify to the destruction of all copies of the Licensed Software Platform (including the SDKs) and Documentation, and all amounts owed by you under this Agreement shall be immediately due and payable.


    10. CONFIDENTIALITY

    You may disclose Confidential Information to your directors or employees or any members of your group that need to have access to it for the purpose of the Agreement; and/or professional advisers subject to appropriate conditions of confidentiality.


    11. WARRANTY AND LIABILITY

    WhatzCreative warrants to and undertakes with You that:

  • WhatzCreative will use its reasonable efforts to provide the Services and to exercise reasonable care and skill and in accordance with the terms of this Agreement; and
  • WhatzCreative has full right of power and authority to provide the Services to you in accordance with the terms of this Agreement.


    • 12. YOUR OBLIGATIONS AND WARRANTIES

    You warrant to and undertake with WhatzCreative that you own the Intellectual Property Rights in the Licensee Content and are fully entitled to use the same for the purposes envisaged by this Agreement:

  • the Licensee Content will not contain a virus, worm, Trojan horse or other harmful code;
  • the Licensee Content will not breach any of the guidelines made available on the devices and related stores in which it will be released;
  • the Licensee Content will not be unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, malicious, profane, libellous, defamatory under the laws of any jurisdiction where the Game can be accessed;


    • 13. SECURITY

    WhatzCreative shall take all reasonable steps to prevent security breaches in its servers’ interaction with you and security breaches in the interaction with resources or users outside of any firewall that may be built into the WhatzCreative’ servers.


    14. PRIVACY POLICY

    Your information is safe with us. WhatzCreative understands that privacy concerns are extremely important to our customers. You can rest assured that any information you submit to us will not be misused, abused or sold to any other parties. We only use your personal information to complete your order.


    15. APPLICABLE LAWS

    These Terms and Conditions are governed by the law in force in Indonesia.


    16. QUESTIONS AND FEEDBACK

    We welcome your questions, comments, and concerns about privacy or any of the information collected from you or about you. Please send us any and all feedback pertaining to privacy, or any other issue

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