TERMS AND CONDITIONS

This document was last modified in July 2013

The following websites including but not limited to www.socialtongits.com and the game Social TongitsTM, interchangeably and collectively referred to as Our “Sites” and/or “Services” are owned by GNS Hong Kong Corp., Limited (GNSHK) duly incorporated under the laws of Hong Kong and operated by its subsidiaries GNS Philippines Corp., (GNSPH) duly incorporated under the laws of the Republic of Philippines as well as GNS Malta Corp. Limited (GNSMA), hereinafter collectively referred to as “the Company”, or “We” or “Us” or “Our”. The Company is providing its Services under the trademark “Social TongitsTM”. The terms “Social TongitsTM”, the domain name “www.socialtongits.com” and any other trademarks, servicemarks, signs, tradenames and/or domain names used by Us are intellectual property of the Company and We reserve all rights to such properties.

IMPORTANT:

Your use of socialtongits.com is subject at all times to these Terms and Conditions. Opening an account and playing Our game of Social Tongits constitute Your acceptance of all of Our Terms & Conditions. These Terms & Conditions shall be a legally binding Contract/Agreement between You and the Company, which at all times shall govern Your use of Our Services and services provided by Our 3rd party payments service providers. The effective date of this Contract/Agreement shall be the date of You creating an account on Our Site. You hereby acknowledge that by using Our Services and/or Our Sites, creating an account, buying load and playing Our game, You agree to be bound by these Terms & Conditions. The following documents have been mentioned and discussed in this Agreement and shall be incorporated by reference and become a part of this Agreement. Acceptance of these Terms & Conditions shall automatically be considered as Your acceptance of all these referenced documents:

Privacy Policy

Rules of Conduct

DISCLAIMER:

Our website contains information and links to other websites which may be related or unrelated to Our core business and games. These links are intended for individuals of legal age to view such material as determined by the local and national laws of Your place of residence. If You are not of legal age and/or have logged in to this website from any country where this type of material is specifically prohibited by applicable laws, do not enter and/or continue using Our website.

1. ACCEPTANCE

Your use of Our websites or any of the information, links, products and/or services offered on these websites (collectively, the “Services”) is subject to these Terms & Conditions (“Terms”). Socialtongits.com (“Social Tongits™”), at Our sole discretion, may change the Terms and operation of Our website (“Site”) at anytime with or without notice to You. By using this Site and/or any of Our Services, You agree to Our Terms, including any modifications We make, and further waive any rights or claims You may have against Us.

2. ACCESS

You must register on socialtongits.com and open an account (“Account”) in order to use the Site and play Our game. There will be no charge to You to open an Account.  Registration and/or subscription are provided at no charge and any of Your private information collected and retained will be subject to the Social Tongits Privacy Policy.

Our Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, which each of those sites may have posted. We have no control over sites, which are not Ours, and We are not responsible for any of their content or for any changes to their content. Our inclusion on Our Sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

Some of the Services offered on Our Site and the products and services offered by third party content and/or service providers may be subject to additional posted conditions. The usage of such services is subject to those conditions, which are included into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.

3. ONLINE CONTENT

The content available through Our Site is the sole property of Social Tongits or its advertisers, suppliers or licensors. All material published on Our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws (both local and international as applicable). Except as otherwise explicitly agreed in writing, SocialTongits™-owned content received through the Site may be downloaded, displayed, reformatted and printed for personal, non-commercial use only. Content owned by advertisers, suppliers or licensors may be subject to additional restrictions. You, therefore, agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without Our express prior written consent.

You may be exposed to content that You find offensive, indecent, or objectionable or that is inaccurate, and You bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in Our sole discretion, violate these Terms or that is otherwise objectionable.

4. DECLARATIONS ON ONLINE CONDUCT & USAGE

Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world (both local and international) must be obeyed online as well. We adhere to a zero tolerance policy for illegal and abusive behavior on the Our Sites. You must also obey state, local and federal laws, or foreign or international law where applicable. Ignorance of the law is never a valid excuse. We will implement due course of action if needed and cooperate with law enforcement for illegal and even questionable behavior.

You agree that You will be personally responsible for Your use of the Our Site and for all of Your communication and activity on socialtongits.com, including any content You contribute, and that You agree to indemnify, and to hold Us harmless, Our affiliates, employees/consultants, officers, and directors from any liability or damages arising from Your conduct on socialtongits.com, including any content that You contribute.

By using Our Site, You agree under penalty of perjury and/or applicable terms as determined by applicable laws, to the following statements:

I declare that I am of legal age to play the game of Social Tongits and to view the material discussed above, in accordance with the laws in my place of domicile.

Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else for my own or otherwise any commercial use.

I believe I have the unalienable right to read and/or view any type of material I choose.

I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that my viewing and use of the links, information, and materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes into affect that would prevent me from viewing material on this Site or play the game, I agree to no longer access this Site.

I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.

5. DESCRIPTION OF GAME

Social Tongits is the first and most interactive Online Player to Player (“P2P”) social Tongits Game. Tongits is a game of skill, guts and strategy. Social Tongits makes the average player better and challenges the experts by playing with friends, relatives and players around the globe in a very friendly and live venue. Social Tongits offers an atmosphere as if you are in front of the other players and is quite realistic. You are not playing against a computer – you are in an even playing field against other Tongits players.

Our Social Tongits game is played very similar to the Tongits game played by friends, family, and neighbors using regular playing cards. The basic moves and game logic are ALL the same with some minor differences.

Social Tongits is played with a Table Ante similar to the game of poker. A player has to Ante based on the Table Amount. A certain Percent of the Ante goes to the Table Jackpot, which can be won if a Player wins two in a row. The Net Total Ante is won by the winner of the game.

A small portion of the ante is allocated to the Mega Jackpot. The direction of the cards changes as a new game begins. You can see this by looking at the icon that shows a clockwise or counter-clockwise direction. This will ensure that there is no collusion (or dayaan) in Social Tongits.

Social Tongits will sharpen you game, improve your strategies, and you will know what it takes to be the best Pinoy Tongits™ player.

6. AS-IS & WARRANTIES

We and our advertisers, suppliers and licensors provide the Social Tongits site, game, and services on an “as is” and “as provided” basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the site or services. We make no representation that the site and/or services will be uninterrupted or error, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, missed delivery, corruption, destruction, or events beyond our reasonable control.

7. LIMITS OF LIABILITY

Without limiting the foregoing, we shall not be liable to you or for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of our site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy. To the maximum extent permitted by law, in no event shall our liability exceed one hundred US dollars ($100) or it’s equivalent in applicable local rate.

8. You acknowledge that third party product and service providers may advertise their products and services on our site and that we may form partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s products or services, nor will we be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against us with respect to third party products and services, to the maximum extent permitted by law.

9. LAW, VENUE & JURSDICTION

Use of Our Site is subject to existing laws and legal process.  Nothing contained in these Terms shall limit Our right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of Our Sites. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms shall be construed in accordance with the laws of the Republic of Philippines and You irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Manila.

10. USE OF THE WEBSITE BY YOU

The Website is not intended for users under the age of twelve (12) years, and We may collect personally identifiable information from all users including users under the age of twelve (12) years. Such users are expressly prohibited from submitting their personally identifiable information to Us, and from using portions of the Website for which registration is required, such as Our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by Us.

Unless otherwise specified, Our Site is intended for Your personal use only. You may not authorize others to use Our Site, and You are responsible for all use of Our Site by You and by those You allow to use, or provide access to, Our Site. You may not impersonate, imitate or pretend to be somebody else when using Our Site.

You may not provide to or post on or through Our Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers.

You may not repeat the same posting multiple times in a day or week.

You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through Our Site any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using Our Site.

You further agree not to use any sexually suggestive language or to provide to or post on or through Our Site any graphics, text, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.”

You may not provide to or post on or through Our Site any graphics, text, photographs, images, video, audio or other material that invades anyone’s privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use Our Site only for lawful purposes and You acknowledge that Your failure to do so may subject You to civil and criminal liability.

You agree not to provide to or post on or through Our Site any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material You provide to or post on Our Site, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

Our Site may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for Your use (“Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, We, and Our licensors, grant to You the limited, non-exclusive, right and license to use the Assets solely as described on Our Site, as limited by this Agreement, and provided further that You keep intact any and all copyright and other proprietary notices.

Our Site also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Social Tongits or Its licensors and is not clearly identified as, or intended, for Your use, including without limitation the organization, design, compilation, and “look and feel” of Our Site, and advertising thereon (“Site Content”). Our Site Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Social Tongits or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly, of any such Site Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through Our Site, including without limitation the Assets or Site Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Social Tongits or the Site.

You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with Our Site or Its associated software, hardware and/or servers in any way, and You agree not to impede or interfere with others’ use of Our Site.

Other than connecting to Our servers by http requests using a web browser, You may not attempt to gain access to Our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Our Site or otherwise.

You acknowledge that We have not reviewed and do not endorse the content of all sites linked to from Our Site and are not responsible for the content or actions of any other sites linked to from Our Site. Your linking to any service or site is at Your sole risk.

11. COMMENTS BY OTHERS ARE NOT ENDORSED BY SOCIAL TONGITS

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in Our Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent Our views or the views of Our third party service providers. You agree that Social Tongits and Our third party service providers are not responsible, and shall have no liability to You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

12. USE OF MATERIAL SUPPLIED BY YOU

We do not assert any ownership over the information, text, graphics, photographs, images, video or audio files, or other material or content You post, upload, input, or otherwise store on Our Site (collectively, “User Content”); rather, as between Us and You, subject to the rights granted to Us in this Agreement and Our Privacy Policy, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content. For information regarding use of information about You that You may provide to, or that may be collected by Us, please read Our Privacy Policy. In addition, please be aware that User Content You disclose in publicly accessible portions of the Website will be available to all users of Our Site, so You should be mindful of personal information and other content You may wish to post. Unless expressly provided otherwise in the Privacy Policy or in this Agreement or on a specific web page on Our Site, You grant Us (and Our hosting and other similar vendors) a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, reproduce, modify, adapt, reformat, transmit, distribute, publicly perform, and publicly display such User Content in any medium (now in existence or hereinafter developed) for any purpose on or in connection with Our Site, or the promotion thereof.

13. COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, suspend or terminate the access of and take other action against You, other users, subscribers, registrants and account holders who infringe the copyright rights of others.

If You believe that Your work has been copied and is accessible on Our Site in a way that constitutes copyright infringement, or that Our Site contains links or other references to another online location that contains material or activity that infringes Your copyright rights, You may notify Us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to Our copyright agent set forth below:

1.         A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.         Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;

4.         Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5.         A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, Its agent, or the law; and

6.         A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

14. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE

Neither Social Tongits nor Our third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through Our Site. Transactions for any such item shall be between You and the third party seller, distributor, or manufacturer without any involvement of Us or Our third party service providers. You agree that We and Our third party service providers are not responsible, and shall have no liability to You, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through Our Site, including illegal, offensive or illicit items, even items that violate this Agreement.

15. INDEMNIFICATION

You agree to indemnify Us and our affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from Your submissions, from Your unauthorized use of material obtained through the Website, or from Your breach of this Agreement, or from any such acts through Your use of Our Site.

16. EDITING AND DELETIONS

We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on Our Site or Our bulletin boards, in Our sole discretion, without notice.

17. ADDITIONAL RULES

We reserve the right to post, from time to time, additional rules of usage that apply to specific parts of Our Site. Such additional rules will be posted in the relevant parts of Our Site. Your continued use of Our Site constitutes Your agreement to comply with these additional rules.

18. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

You acknowledge that you are using our site at your own risk. Our site is provided “as is”, and Social Tongits, our affiliates and Our third party service providers hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by Our Site.

Social Tongits, our affiliates and Our third party service providers shall not be liable to You or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, the providing of Our Site hereunder, the sale or purchase of any goods or merchandise, Your access to or inability to access Our Site, including for viruses alleged to have been obtained from Our Site, Your use of or reliance on Our Site or any of the merchandise, information or materials available on Our Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to You. You may also have other rights that vary from jurisdiction to jurisdiction.

You hereby agree to release Us, Our affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with Your use of Our Site.

19. TERMINATION OR SUSPENSION

We reserve the right to terminate and/or suspend Your ability to access Our Site or any portion thereof, for any or no reason, without notice.

20. SOCIAL TONGITS LOADS

Social Tongits loads are for entertainment purposes only and are not refundable, exchangeable, replaceable, transferable or redeemable for real-money under any circumstances.

21. CONTACT US

CONTACT US if you have any questions, comments and or concerns.