Terms of Use

Effective date: 1st March 2024

Terms of Use

Introduction
Account Registration, Communication and Security
Use of Service
Prohibited Conduct and Uses
User Generated Content
Intellectual Property
Disclaimer of Warranties
Limitation of Liability
Indemnification
Age Restrictions
Compliance with Local Laws
Termination
Governing Law
Dispute Resolution
Modification of Terms or Services
Privacy Policy
Additional Provisions
Contact Information

1. Introduction

Welcome to Alias, operated by AWZA PTY LTD ("we", "us", "our", “Company”, “Alias”)! By accessing or using our Service, you agree to be bound by these Terms of Use ("Terms", “Terms of Use”). Please read these Terms of Use in full, in addition to our Privacy Policy, and any other related terms and conditions. Your agreement with us includes these Terms and our Privacy Policy and Cookie Policy (“Agreements”). If you do not agree to these Terms (or cannot comply with), you must not access or use the Service. By registering to use our Services, you acknowledge that you have read and understood these Agreements, and agree to be bound by them. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.

These Terms do not apply to any third-party services or websites linked from or integrated in any service or website of the Company. Such third parties have their own policies, which the Company does not control in any way.

2. Account Registration, Communication and Security

Registration is free. The only condition is to meet the requirements and conditions within the meaning of these Terms of Service and declare full and unconditional acceptance of these Terms of Service. By registering to use our Services, you agree and do not object to the provision and processing of personal data provided in the registration process, or which you will subsequently provide – during the use of our Services. Data provided by you upon registration is considered complete and correct until proven otherwise. You are responsible for the veracity and the integrity of the data provided in connection with registration. The Company reserves the right to edit the information provided upon registration, to delete that part of it which in our sole independent judgment is contradicting the rules of these Terms of Service and/or morals. Some of the data provided upon registration, such as public profile data, as well as any other information that the Company possibly deleted under the previous provision, may be visible to other registered users.You have the right to change and update your personal information that is designated for the purpose of creating your account profile at any time. For more details, please read our Privacy Policy.

You must register an account to access some features of the Service. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing using the contact details provided in the ‘Contact Information’ section.

If you do not meet the conditions contained within the Agreements, you are not entitled to use our Services. By completing a registration to use our Services, you affirm that they satisfy the requirements. If the Company subsequently finds out that you are not eligible for registration, the Company may, without any prior notification, cancel the registration and respective account and confiscate all accumulated points/status, virtual items or virtual currency associated with that account at the time.

If a legal entity is registered, the registration should be carried out only by individuals who legally represent it. In the event that a person other than those mentioned in the previous sentence carries out the registration, that person as an individual shall incur all obligations relating to the registration.

3. Use of Service

Alias grants you a limited, non-exclusive, non-transferable, revocable license to use the Service, for personal or limited commercial use, subject to your compliance with these Terms. The Service allows users to create content with virtual avatars, and download, upload, or share that content.

4. Prohibited Conduct and Uses

You may use Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

To engage in any illegal activities or in any way that violates any applicable national or international law or regulation.
To create, post or share offensive, racist, xenophobic, discriminating, inflammatory, defamatory, pornographic, obscene, or otherwise objectionable content.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, including any and all copyright, trademark or intellectual property, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
In any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

Violation of these guidelines may result in content removal, account suspension, or termination.

5. User Generated Content

You retain rights to the User Generated Content you created, adapt and post. Alias is not liable for user-generated content and does not endorse any opinions contained in such content.
We are under no obligation to monitor User Generated Content. In some cases, described in our Privacy Policy (most important to provide a safe environment to our users), we may monitor or disclose your information including User Generated Content. You should be aware of the potential risks of using a service which includes extensive User Generated Content. User Generated Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our Terms of Service, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside our Services.
By posting, on any online platform, you grant Alias non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, prepare derivative works based on, publicly perform, publicly display, make, have made, use, and otherwise exploit your User Generated Content for any purposes, for all current and future methods and forms of exploitation in any country.
You give us permission to use your username and profile picture, User Generated Content and information about actions you have taken on our Services, like account progress or digital assets, next to or in connection with ads, offers, and other sponsored content that we display across our Services, without any compensation to you.

6. Intellectual Property

All rights in the Service are owned by Alias or its licensors. All titles, intellectual property rights, other rights, and interests in and to the Services (other than User Generated Content, but including any elements of Alias IP Content contained in User Generated Content) are and shall remain the exclusive property of the Company. The Services are protected by copyright, trademark, and other laws. Except as expressly permitted in these Terms, you may not use the name of the Company or any of the Company trademarks, logos, domain names, or other distinctive brand features. You may not use Alias’s trademarks without prior written permission.

7. Disclaimer of Warranties

By accessing or using the services provided by Alias, you acknowledge and accept that the services are offered on an "AS IS" and "AS AVAILABLE" basis. Alias expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Alias makes no representations or warranties regarding the accuracy, completeness, reliability, security, or timeliness of the services, content, software, text, graphics, links, or communications provided on or through the use of the services. There is no warranty that the services will meet your requirements; that the services will be uninterrupted, timely, secure, or error-free; or that any defects will be corrected. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service.
You expressly agree that your use of, or inability to use, the services is at your sole risk. This includes, but is not limited to, the risk of exposure to content that may be deemed offensive, indecent, or objectionable, and you agree to bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Neither Alias nor any of its affiliates, licensors, service providers, content providers, employees, agents, officers, or directors will be liable for any direct, indirect, incidental, special, consequential, punitive damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the services, with the delay or inability to use the services, the provision of or failure to provide services, or for any content, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if Alias has been advised of the possibility of such damages.
The Company is not responsible if a third-party acquires your username and/or password and uses it to get information, change or delete your profile. In addition, the Company is not responsible to you in respect of direct, indirect, incidental damages including, but not limited to, damages by loss of profits, goodwill, loss of data or other losses as a result of the use or the inability to use our Services; statements or actions of any third parties in connection with our Services; or any other issues related to the Services.
Our Services may contain links to other webpages, domains, mobile applications, social networks. These other webpages, domains, mobile applications, social networks are not under the control of the Company and we do not bear any responsibility for the security of operation and protection of personal data offered by such other third parties. Visiting these pages by links on our Services shall be entirely your responsibility and risk.
The foregoing disclaimer of warranties does not affect any warranties which cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Alias's liability shall be limited to the greatest extent permitted by law.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Alias and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all liability for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to your use of, or inability to use, the Services. This includes, without limitation, damages resulting from:
1. Use of Services: The use or performance of the Services, including any failures, disruptions, or lack of availability.
2. Third-party Actions: Any actions, content, or conduct of third parties associated with the Services.
3. Data Security: Unauthorized access to, alteration of, or the deletion, destruction, damage, or loss of your files or data.
4. Accuracy of Content: The accuracy, quality, or reliability of any content accessed through the Services.
Cap on Liability: In no event shall Alias's total liability to you for all damages exceed the amount of $100 USD or the amount you have paid Alias in the past twelve months, whichever is greater.
Jurisdictional Variations: The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; they only apply to the extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Alias and its affiliates, officers, agents, employees, partners, licensors, and licensees from any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or related to:
1. Any use of the services provided by Alias that is not in accordance with these Terms of Use or as intended by Alias.
2. Your creation, sharing, or posting of content through the services that infringe on the rights of others or is deemed unlawful, offensive, or inappropriate.
3. Your breach of any provision of these Terms of Use or your violation of any laws, regulations, or third-party rights.
4. Any unauthorized access, use, or alteration of the service or any other user's content or personal information.
In the event of any claim or legal proceeding against Alias related to your actions, content, or information, you agree to cooperate fully with Alias in defending against such claims. Alias reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Alias, and you agree to cooperate with Alias's defense of these claims.
You understand that your indemnification obligation does not extend to any gross negligence, fraud, or willful misconduct by Alias, as determined by a court of competent jurisdiction.
This indemnification section is a key element of the Terms of Use, and its provisions are for the benefit of Alias and its affiliates, officers, agents, employees, partners, licensors, and licensees. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

10. Age Restrictions

Our Service is intended for users who are at least 13 years old. By accessing or using the Service, you represent and warrant that you meet this age requirement. Any access or use of the Service by anyone under 13 is unauthorized and in violation of these Terms.

11. Compliance with Local Laws

You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations. It is your responsibility to ensure that your use of the Service does not contravene any legal restrictions in your jurisdiction.

12. Termination

Alias reserves the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law.

Any dispute arising out of or in connection with this Terms of Use agreement shall be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore, in accordance with its rules in force.

14. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or your use of the Service, we strongly encourage you to contact us first to seek a resolution. If a dispute cannot be resolved, it shall be resolved through binding arbitration or mediation, as chosen by Alias. This process will be conducted in the jurisdiction in which Alias is incorporated.

15. Modification of Terms or Services

Alias reserves the right to modify or discontinue the Service or to modify these Terms at any time, at our sole discretion. All changes are effective immediately upon posting. Your continued use of the Service following any such changes constitutes your acceptance of the new Terms. Unless otherwise required by law, Alias will update users about changes to Terms of Use by providing a notification within the platform and/or by sending an email. In the event that you do not agree with any amended Terms of Service, you must notify the Company in writing to immediately request deletion of your account and incur all related adverse effects arising thereof (incl. the possible loss of any virtual assets). If you fail to notify the Company of such disagreement, or have not taken the necessary measures to remove your registration and account, then it will be considered that you agree fully with the amendment and/or supplement of these Terms of Service. We will treat your continued use of any of our Services as acceptance of these changes from their effective date as shown.

16. Privacy Policy

Please read our latest privacy policy by clicking here. By agreeing to these terms, you also agree to everything contained within the Privacy Policy.

17. Additional Provisions

If any provision of these Terms of Service be declared invalid or unenforceable by a competent court, arbitration or other competent authority, other provisions of the Terms of Service, as well as rights and obligations of the parties based on these other provisions retain their effect. Null and void provisions shall be deemed unwritten in these current Terms of Service and should be replaced by the parties in good faith with applicable and mutually acceptable provisions with similar meaning and effect to that of the null and void provision.
The failure or delay of the Company to exercise their rights, right in default, judgment, agreement or other rights under these Terms of Service shall not constitute a waiver of any rights. Single or partial exercise of any such right shall not restrict a future full exercise and does not constitute a waiver of any other rights under these Terms of Service. All waivers or consents of the Company granted in these Terms of Service must be in writing.
These Terms of Service shall take effect and bind the parties thereto and their successors. Notwithstanding the preceding sentence, neither party will be entitled to transfer any part of its obligations under these Terms of Service without the prior written consent of the other party. This provision can not be interpreted and applied in a way that limits the ability of the Company to transfer their own rights and obligations to a related party, if necessary, or is prompted by reasons of convenience.
The Agreements make up the entire agreement between you and us regarding your use of our Services. They supersede any prior agreements.
Some of the Services we offer are also governed by supplemental terms. If you use any of those Services, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms of Service, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms of Service are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Any amendment to or waiver of these Terms of Service must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent.
These Terms of Service do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You should know that we may need to change the username for your account in certain circumstances at our sole discretion.
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
We reserve all rights not expressly granted to you.

18. Contact Information

For questions about these Terms, please contact us by emailing hello@myalias.id.