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Artificial Life Inc is a public
US corporation (public since 1998; NASDAQ OTC BB: ALIF) whose registered
office is at 520 Broadway Blvd, Suite 350, Santa Monica, CA 90401,
USA. Artificial Life Asia Limited, Artificial Life America Limited,
Artificial Life Europe GmbH and Artificial Life Japan K.K are wholly
owned subsidiaries of Artificial Life, Inc. This website is operated
and maintained by Artificial Life Asia Limited.
Use of the websites at http://www.botme.com and http://m.botme.com
and your purchase of any mobile games, wallpapers, screensavers,
or any other types of mobile content (the “Services”) are subject
to these terms of use (“TOU”). Users who do not accept these terms
of use are not authorised to use or continue using this website.
We may amend these terms of use at any time and any revised version
will be effective immediately from when it is displayed on this
website.
In the event of any comments or questions concerning these terms
of use, please contact us by e-mailing cs@botme.com or in writing
to Legal Department, Artificial Life Asia Limited, 88 Hing Fat
Street, Causeway Bay, Hong Kong.
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| Intellectual property rights We
own or are licensed to use all intellectual property rights in this
website and all technical infrastructure relating to it. All materials
published on our sites, including, but not limited to, written content,
photographs, graphics, images, illustrations, marks, logos, sound
or video clips, and flash animation, are protected by our copyrights
or trademarks or those of our partners. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create
derivative works of, distribute, publicly perform, publicly display,
or in any way exploit any of the materials, content or Services
on our sites in whole or in part. Furthermore, you may not share
and/or upload the Services as free of charge without our consent,
penalties will apply and you will be charged accordingly for any
Services utilised in this manner. |
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| Exclusions and limitations of liability
Owing to the nature of the internet we cannot guarantee
that this website or the websites to which it is linked will always
be available to users. You should ensure that you have appropriate
protection against viruses and other security arrangements in place
whilst using the internet.
Although every reasonable effort has been made to ensure that the
information on this website was accurate at the time of publication,
it is subject to variation at any time without notice and we do
not give any warranty that any such information will be accurate
or complete at any particular time.
You will need to provide all mechanisms and/or devices necessary
to access the website and the Services. If your mechanisms and/or
devices do not support relevant technology you may not be able to
use certain Services. It is your sole responsibility to satisfy
yourself prior to purchasing any Services that they are suitable
for your purposes. You agree that we are not liable to you for any
claims arising out of any loss of Services or your content resulting
from delays, non-deliveries or deficient delivery mechanisms, missed
deliveries, or if we are unable to confirm delivery due to third
parties payment gateway problems (including but not limited to SMS
providers or credit card companies), and services interruptions
and non-availability of server.
This website and any information or other material contained in
it, or any Services purchased are made available strictly on the
basis that you accept it on an 'as is' and 'as available' basis.
Where you rely on any information or other material contained in
it, you do so entirely at your own risk and you accept that all
warranties, conditions and undertakings, express or implied, whether
by common law, statute, trade usage, course of dealings or otherwise
in respect of this website are excluded to the fullest extent permitted
by law. We exclude all liability, to the fullest extent permitted
by law, in respect of any loss or damage resulting or arising from
any non-availability or use of this website or of any other website
linked to it, or from the Services purchased, or reliance on the
contents of this website or any material or content accessed through
it. You expressly agree that you will assume the entire risk as
to the quality and the performance of our Services and the accuracy
or completeness of the content in our websites or the websites to
which it is linked. |
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| Downloads Any
software downloaded through or for the use of the Services is done
at your own discretion and risk, and ALife Asia will not be responsible
in any way for any damage to your devices or loss of data that results
from the download of any such material.
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| Third-party links We
cannot accept responsibility or liability for the content of any
linked third party website. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has posted.
We have no control over sites that are not ours, and we are not
responsible for any changes to or content on them. 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. |
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| Lotteries We
shall not in any circumstances be liable to you for any loss of
whatever nature, including, without limitation, loss of profits,
indirect, special or consequential loss, suffered or incurred by
any player, any claimant or any other person as a result of taking
part in the lottery, or arising from the withdrawal of any lottery
or from the participation or non-participation of any person in
any lottery, including the loss, for whatever reason, of the chance
to participate in such lottery. Artificial Life, Inc. shall determine
all aspects of the lucky draw, (if any), including without limitations,
the frequency, the announcement method, the date of announcement
and the delivery method. All rights to amend the terms and conditions
hereof are expressly reserved. In particular, but without prejudice
to the generality of the foregoing, we shall not be liable to any
person. |
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| Forward-looking Statements This
content in this website contains "forward-looking statements"
within the meaning of Section 27A of the Securities Act of 1933,
as amended, and Section 21E of the Securities Exchange Act of 1934,
as amended. Such forward-looking statements include, without limitation,
statements regarding our future results of operations, financial
condition and business prospects. In some cases, you can identify
forward-looking statements by terminology such as "may",
"will", "should", "expect", "intend",
"plan", "anticipate", "believe", "estimate",
"predict", "potential", "coming soon",
"continue" or the negative of these terms or other comparable
terminology. Although such statements are based on our own information
and information from other sources we believe to be reliable, you
should not place undue reliance on them. These statements involve
risks and uncertainties, and actual market trends or our actual
results of operations, financial condition or business prospects
may differ materially from those expressed or implied in these forward
looking statements for a variety of reasons. Potential risks and
uncertainties include, but are not limited to, our ability to obtain
additional funding to operate and grow our business; the unproven
potential of our mobile gaming business model; changing consumer
preferences and uncertainty of market acceptance of our products;
timely adoption and availability of 3G mobile technology; market
acceptance for use of mobile handheld devices to play the interactive
games; unpredictable mobile game development schedules; our reliance
on a relatively small number of brands; our ability to license brands
from others; our dependence upon resellers and telecommunication
carriers and operators to distribute our products; our ability to
successfully develop, introduce, and sell new or enhanced products
in a timely manner; and the timing of new product announcements
or introductions by us or by our competitors. For additional discussion
of these risks and uncertainties and other factors, please see the
documents we file from time to time with the Securities and Exchange
Commission, including our Annual Report on Form 10-K filed on February
9, 2009. We assume no obligation to update any forward-looking statements,
which apply only as of the date the content in this page was released. |
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| Jurisdiction These
terms of use shall be governed by and construed in accordance with
the laws of Hong Kong. Any dispute arising out of the accessing
or use of this website shall be subject to the exclusive jurisdiction
of the Hong Kong courts. |
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| Privacy Policy Statement |
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| General |
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| When we collect information from you, it is our policy
to meet fully the requirements of the Personal Data (Privacy) Ordinance
(Chapter 486) of the laws of Hong Kong which regulates the treatment
of personal data. Personal data is any information relating to any
living individual from which it is possible to identify that individual.
In dealing with personal data, we will ensure compliance by our staff
with the standards of security and confidentiality prescribed by the
laws of Hong Kong. This Statement explains our practice in relation
to the collection, retention, storage and sharing of personal data. |
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| Collection of Personal Information |
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| We will occasionally collect personal data, such as
your name and mailing address, from you which will be processed for
the specific purpose which will be given at the time or for any purpose
stated in this Statement. Such purposes may include but is not limited
to the purchasing of mobile games, lotteries, handling of complaints,
enquiries or feedback. The provision of personal data or any information
is voluntary. However, any failure to supply all information requested
by us may result in us being unable to process your requests fully
or at all. |
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| Security |
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| We will use such secured encryption systems as are
appropriate for the collection of your personal information over the
internet, based on the type of information being collected. Unfortunately
no security measures are 100% secure and it is possible that others
may intercept the information you are sending. Any personal data we
receive from you will not be disclosed to any third party except as
provided herein, as notified to you at the time of collection by way
of our Personal Information Collection Statement, or with your prior
consent. We do not rent, trade or sell information gathered on line
for commercial purposes. |
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| Hyperlinks |
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| If you click on a hyperlink taking you from this website
to another website, we shall not be responsible for the privacy and
security practices or the content of such website and you should refer
to the privacy policy of each website you enter. |
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| Cookies |
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| When you visit one of our websites, we may send you
a cookie. A cookie is a small file that can be placed on your computer's
hard disk for record keeping purposes and we may use them to do a
number of things: Cookies help us to recognise you when you next visit
one of our websites and present the information displayed to you;
Cookies may be used to compile anonymous statistics related to the
take up or use of services, or to patterns of browsing. A third party
collects such data on our behalf to measure web site performance.
Information collected is aggregated for reporting purposes. No personally
identifiable information is collected by this service. The use of
this service assists us in measuring and improving the structure and
ease of use of our web sites. |
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| Disclosure of Personal Information |
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| We value all personal information received and do
our best to maintain its privacy. Except with your prior consent or
as required by law, we will not transfer or disclose your personal
information to any third party except as stated below: |
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| 1. |
our subsidiaries, associated companies and/or
business associations; |
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| 2. |
any personnel, agent, adviser, auditor, contractor or service
provider who provides services or advice to us in connection
with our operations insofar as required to enable us to provide,
or assist us in providing, the services you have requested; |
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| 3. |
any person under a duty of confidentiality to us; and |
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| 4. |
any person to whom we are required to make disclosure under
any law or court order applicable in or outside Hong Kong. |
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| Data Retention |
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| Personal information you provide to us will be retained
only for such period as may be necessary for the carrying out of the
purposes referred to in this Statement or as otherwise specified at
the time of collection. |
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| Personal Information Access and Correction |
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| You are entitled to access personal data we hold about
you and, if applicable, to correct or update it. You may do so by
e-mail to cs@botme.com |
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| Changes of Our Online Privacy Policy |
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| We reserve the right to change our online privacy
policy. However, we shall not do so without posting those changes
on our website. If at any point we decide to use personal data in
a manner different from that stated at the time it was collected,
we will notify you via email or by posting a prominent notice on our
Web site thirty days prior to implementing the change. Your express
consent will be needed before we use your personal data in this different
manner. |
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