AGREEMENT STRUCTURE

This Agreement includes Part 1 – General Terms, and Part 2 – Country Specific Terms, as applicable. The terms of Part 2 may replace or modify those of Part 1. In the event of a conflict between the terms of any or all of Part 1 and Part 2, the terms of Part 2 shall prevail over Part 1.

1. Applicability and Acceptance of the Terms

1. This website or mobile application is operated by the ENTERTAINER group of companies, its subsidiaries and affiliates (collectively, the “ENTERTAINER," “we," “us," or “our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions"), serve as the contract between you and the ENTERTAINER and governs your purchase, access to and use of the our website, including any product, content, functionality and services offered on or through our websites, or mobile applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called the “Website”), whether as a guest or a registered member who has purchased an ENTERTAINER product( “Member(s)”).
2. By using and purchasing any digital ENTERTAINER product (“Product") offered by the ENTERTAINER or carrying out any purchase/transaction through our Website, as well as your usage of any service offered by the ENTERTAINER through the Website (“Services”), you agree to be bound and abide by these Terms and Conditions, the End User License Application (EULA), the Rues of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.
3. People who are under the age of 18 years, may only use our Website with legal parental or guardian consent. Accordingly, you agree that you are 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms and Conditions; otherwise, please exit the Website. We suggest that you take advantage of any access controls offered through the Website or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.

2. Restricted Section

You acknowledge that the Website may include, refer to, or contain content, features, products or services which refer to alcohol. Such parts of the Website are intended for the use of only specified persons (Restricted Section). The Restricted Section is intended for use by you only if you are of legal age and legally allowed to purchase alcohol in your country of residence and in the country from which you are accessing the Website. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you are therefore not permitted to access the Restricted Section. You expressly acknowledge and agree that any use of the Restricted Section in breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will the ENTERTAINER or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.

3. Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion to incorporate new features, services, and functionalities to the App, Website, and your membership, as well as to comply with changes in applicable laws. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access the Website, so you are aware of any changes, as they are binding on you. If you do not agree with the updated Terms, you must discontinue use of the Website and Services.

4. Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users or Members.

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

5. Orders and Refunds

1. When you attempt to purchase any Product or carry out any purchase/transaction on our Website by clicking the “Buy" or equivalent option, this constitutes an offer to buy the Product and/or complete the purchase/transaction. Your purchase is not complete until we receive your payment, and we email you to confirm the transaction and your membership. We reserve the right to reject your offer and not conclude a sale agreement with you.
2. We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud, known or potential violations of the law or these Terms and Conditions. Refunds for cancelled orders may be issued where appropriate in accordance with these terms and conditions.
3. Subject to any applicable laws, a refund of the purchase price of a Product is subject to the conditions below (“Refund Policy”). Refunds shall only be processed if:
1. the Product purchased is intact (that is, no Offers/discounts have been redeemed) and a request for a refund is made to our Customer Service within 30 days of date of purchase; or
2. the ENTERTAINER cancels the order or terminates the membership at any time and for any reason.

The refund amount is credited to the debit or credit card used to make the purchase, with any banking, foreign exchange or other related fees being borne by you.

6. Membership

1. You may only obtain a valid ENTERTAINER Membership to a Product through any of the below means:
1. By making a Purchase through the Website: When you make a successful payment for a selected Product on the Website, you will be granted access to a wide range of buy one get one free offers and/or discount offers, provided by our partner merchants (the “Offers”) for the term as detailed in the specific Product you have purchased. Your membership shall commence from the date your payment transaction is confirmed by the ENTERTAINER via email, and your usage of the Offers, shall be governed by the Rules of Use, found on our Website.
2. By Activating a VIP Key: You may receive a complimentary VIP KEY: Directly from the ENTERTAINER or, Through our 3rd Party B2B clients, following a bulk sale agreement between them and the ENTERTAINER (Bulk Sale Agreement), in which case your usage of and access to the Product, shall also be governed by the specific terms of such Bulk Sale Agreements, the terms of which shall supersede any such related terms in these Terms and Conditions, in the event of a conflict. From Our Verified Employees, as their family or friend, offering you a discount on the retail price of the selected Product.
2. In any of the above instance, your Membership shall commence following your activation of the VIP Key during its stated validity period, on our Website and upon receiving email confirmation of your Membership from the ENTERTAINER. Once activated, VIP Keys are valid only for single use, and are non-transferable, and cannot be resold or exchanged for value. Any other means of purchasing a product or obtaining a Membership is invalid.
3. The ENTERTAINER shall not be responsible for any issues or claims related to the distribution or direct payment for Products to any individual in Clause 6(a)(ii) above towards obtaining a VIP Key. It is your responsibility to verify the authority of any individual or company who purports to be an employee or partner of the ENTERTAINER prior to transacting with them.
4. The ENTERTAINER disclaims any liability to you arising out of your failure to verify from the ENTERTAINER any claimed authority or distribution source of these VIP Keys, accordingly, the ENTERTAINER reserves the right to terminate any Memberships arising from the purchase of a Product or activation of VIP Keys obtained fraudulently or from an unrecognized and unauthorized means/source.

7. Payment and Pricing

1. An Entertainer Product may only be purchased on our Website by using a valid credit or debit card or through any buy now, pay later (“BNPL”) service available on our Website at the time of purchase. It is acknowledged and agreed that any payment made by you using a BNPL service constitutes an additional and separate contractual relationship between you and that BNPL service provider, and your purchase of the Product through such a service, shall be subject to the terms and conditions of that provider.
2. Products sold by the ENTERTAINER may be subject to applicable taxes and other fees which will be added upon checkout, as applicable. The ENTERTAINER reserves the right to establish, remove and/or revise fees for any Product obtained through the use of the Website at any time in the ENTERTAINER’s sole discretion. You will be notified of any applicable fees and taxes including but not limited to any service fee, prior to purchase, upon checkout.
3. The ENTERTAINER may at its discretion operate dynamic pricing, which means that prices of items and delivery may change whilst you are browsing the Website. Prices can also change at any time at the discretion of the participating merchants and/or the ENTERTAINER.
4. If you purchase a membership and opt-in for auto renewal, the debit/credit card on your profile will be automatically charged at the end of each subscription period for the retail price of the membership being renewed on that date. To ensure no disruption in service you are required to always have a valid debit/credit card on your profile. To opt out of Auto-renewal, you may cancel before the renewal date. Learn how to cancel a membership here.
5. Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to the Product. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.

8. Promotions and Offers

1. By participating in promotions/ offers related to the Products advertised either through our Website or through authorised third party platforms, you agree to be bound by these Terms, the Rules of Use and any promotional specific terms and conditions published on our Website.
2. We reserve the right to terminate, extend, unpublish and/or remove any promotion at any time without prior notice.
3. We cannot be held responsible for the prices, products and/or services offered to you by third parties through the promotions.

9. Termination

The ENTERTAINER reserves the right to alter, suspend or discontinue any part (or the whole of) the Product, at any time and for any reason. These terms shall continue to apply to any modified version of the Product unless it is expressly stated otherwise.

You may terminate your Membership at any time by requesting through the App or sending a request to our customer service dedicated email address. Any refund request shall be subject to the Refund Policy.

10. Intellectual Property Rights

The Website, the Products and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the ENTERTAINER, its licensors or other providers of such content/material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@theentertainerme.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the ENTERTAINER. Any use of the Website, Product and Services not expressly permitted by these Terms and Conditions is a breach of these Terms and may violate copyright, trademark and other laws.

11. Trademarks

The ENTERTAINER name and trademarks, the ENTERTAINER logo and all related names, logos, product and service names, designs and slogans are trademarks of the ENTERTAINER or its affiliates or licensors. You must not use such marks without the prior written permission of the ENTERTAINER. All other names, logos, product and service names, designs and slogans on the Website and Products are the trademarks of their respective owners.

12. Prohibited Uses

You may use the Product and Website including any Restricted Section only for lawful purposes and in accordance with these Terms and Conditions. You shall not under any circumstance, use the Product and/or Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software).
• To copy or seek to copy the Website, the Products, or obtain any of the Services by fraudulent means or assist others to copy the Website, the Products, or obtain any the Services by fraudulent means.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail", “chain letter" or “spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the ENTERTAINER, its employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the ENTERTAINER or users of the Website or expose them to liability.
• Express nor share publicly (e.g. online reviews) any false and negative comments regarding the ENTERTAINER. In accordance with UAE law, defamatory or harmful comments may lead to legal consequences. As per Federal Law, even factual but damaging comments can be considered defamatory. If you have a complaint or negative feedback, please direct them to the ENTERTAINER at customerservice@theentertainerme.com to resolve the matter.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• 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 the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

13. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “ post") content or materials (collectively, “User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms and Conditions. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licenses, successors and assigns.
• All of your User Contributions do and will comply with these Terms and Conditions

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the ENTERTAINER, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

14. Monitoring and Enforcement of User Contributions:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the ENTERTAINER.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE ENTERTAINER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

15. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditionsor our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

16. Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to legal@theentertainerme.com. It is the policy of the ENTERTAINER to terminate the user accounts of repeat infringers.

17. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the ENTERTAINER, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the ENTERTAINER. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

18. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on the Website and the Product is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

19. Online Purchases and Other Terms and Conditions

All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by these Terms and Conditions. Additional terms and conditions may also apply to specific Products, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

20. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• Link your own or certain third-party websites to certain content on the Website.
• Send e-mails or other communications with certain content, or links to certain content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us undo any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

21. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

22. Geographic Restrictions

Access to the Website may not be legal in certain countries. If you access the Website in such cases, you do so on your own risk and are responsible for compliance with the relevant local laws.

23. Disclaimer of Warranties

WHILE WE WORK TO ENSURE THAT THE ALL PRODUCT AND WEBSITE INFORMATION ARE CORRECT, WE CANNOT GUARANTEE THAT ANY INFORMATION OR PRODUCT DESCRIPTIONS ARE ACCURATE OR COMPLETE. ALL INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WE ENCOURAGE YOU TO READ ALL THE INFORMATION THAT ACCOMPANIES THE PRODUCTS BEFORE PURCHASE AND USAGE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PRODUCT, THE WEBSITE, ITS CONTENT AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE PRODUCT, THE WEBSITE, ITS CONTENT AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ENTERTAINER NOR ANY PERSON ASSOCIATED WITH THE ENTERTAINER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ENTERTAINER NOR ANYONE ASSOCIATED WITH THE ENTERTAINER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE ENTERTAINER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Limitation on Liability

IN NO EVENT WILL THE ENTERTAINER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCT, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

25. Indemnification

You agree to defend, indemnify and hold harmless the ENTERTAINER, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and Products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

26. Governing Law and Jurisdiction

All matters relating to the Website, the Product, these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without giving effect to any choice or conflict of law provision or rule (whether of the DIFC or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions the Product, or the Website shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

27. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PRODUCT, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

28. Limitation on Time to File Claims

No waiver by the ENTERTAINER of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ENTERTAINER to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

29. Entire Agreement

These Terms and conditions, our End User License Agreement, Rules of Use, and Privacy Policy, constitute the sole and entire agreement between you and the ENTERTAINER with respect to the Website, purchase and usage of the Products and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

30. Your Comment and Concerns

The Website is operated by the ENTERTAINER group of companies and/or its affiliates, with commercial registration number 30125, and registered office at PO Box 502202, 9th Floor, Landmark Group Tower, Dubai Marina, Dubai, UAE

All notices of copyright infringement claims should be sent to legal@theentertainerme.com

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@theentertainerme.com

PART 2 – COUNTRY SPECIFIC TERMS

For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect.

1. ASIA - Singapore
   1. Legal Entity- The first sentence of Clause 1 of Part 1 is replaced with the following clause
   This website or mobile application is operated by The Entertainer Pte Ltd, 76A Tras Street, Level 2, Singapore – 079015 (collectively, the “Company," “we" or “our").
   2. Governing Law- Clause 26 in Part 1 is replaced with the following clause in the following jurisdictions.

   26. Governing Law and Jurisdiction

   All matters relating to the Website, the Product, these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule (whether of Singapore or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions the Product, or the Website shall be instituted exclusively in the courts of Singapore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.