Terms of Use
 
Artificial Life Inc is a public US corporation (public since 1998; NASDAQ OTC PK: ALIF). Artificial Life Asia Limited, Artificial Life America Limited, Artificial Life Europe GmbH 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.

 
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.

 
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.

 
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.

 
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.

 
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.

 
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.

 
Contracts (Rights of Third Parties) Act

The Contracts (Rights of Third Parties) Act shall not apply to this terms of use and unless specifically herein provided no person other than the parties to this terms of use shall have any rights under it nor shall it be enforceable by any person other than the parties to it.

 
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.

 
Privacy Policy Statement
 
General
 
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.

 
Collection of Personal Information
 
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.
 
Security
 
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.
 
Hyperlinks
 
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.
 
Cookies
 
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.
 
Disclosure of Personal Information
 
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:
 
1. our subsidiaries, associated companies and/or business associations;
   
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;
   
3. any person under a duty of confidentiality to us; and
   
4. any person to whom we are required to make disclosure under any law or court order applicable in or outside Hong Kong.
 
Data Retention
 
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.
 
Personal Information Access and Correction
 
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
 
Changes of Our Online Privacy Policy
 
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.

 

 
  Terms of use