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TERMS OF SERVICE
This Terms of Service (“Terms”) is an agreement between you and Delabs Inc. and/or its affiliates(“Delabs”, “we”, “us”, “our”, or “Company”) regarding your use of Delabs’ games, websites and related services (the “Services”). These Terms include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms. These Terms include the Delabs Privacy Policy, which is hereby incorporated by reference http ://. Delabs’s games may run on the Poligon Network using specially-developed smart contracts (each, a “Smart Contract”) to enable users to earn rewards and digital assets from the game. These assets can then be visualized on the website that the user can interact with. Delabs reserves the right to modify these Terms, at its sole discretion, from time to time by posting the modified version of Terms. Please periodically review the controlling version of these Terms. You will be deemed to have agreed to any such modifications by continuing to use the Services after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately. Before accessing or using the Services, including browsing any Delabs website or accessing a game, you must agree to these Terms and Privacy Policy. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms. You further represent and warrant to Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions. While using certain Services that may be offered through the Software, such as transactions involving the receipt, processing or transfer of any financial consideration, including real cash money or currency, we may ask you for information about yourself, including your name, photo or other identification (e.g., driver’s license), and other personal information, to verify your identity. We may, in our sole discretion, restrict your access to certain aspects of the Services until we are able to verify your identity. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. Your access to one or more Services and the limits that apply to your use of the Services may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, which we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume, currency or financial limits, all as established by Delabs in its sole discretion. 1. LICENSE Delabs owns, has licensed, or otherwise has the right to use all of the content that appears in the Delabs Services, including, without limitation, Service contents or Virtual Items. "Virtual Items" refers to digital, in-game assets and objects, including but not limited to virtual currency, virtual goods, items, characters, skins, avatars, accessories, and any other digital elements that users can acquire, utilize, or interact with within the game environment. Subject to your agreement and continuing compliance with these Terms and any other relevant our policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose. 2. SERVICE The Services may be made available to you directly, or through third party services. These third party services may require you to download and install software and create an Account before downloading the Services. In addition, you may be required to register an Account with third party services and sign into that Account in order to access some portions and features of the Services. If you choose to create and utilize an Account, you are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at our Customer Support Center through in-game setting or option menu. If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. Regarding NFT service, Delabs shall not be held responsible for the subsequent ownership, transfer, or exchange of the minted NFTs between users. Users are solely responsible for managing and executing any further transactions involving the NFTs. In the event that the game incorporates a marketplace or secondary platform for NFT trading, Delabs disclaims any liability for transactions, disputes, or issues arising from such marketplace activities. Users are encouraged to review and adhere to the terms and conditions of the applicable marketplace. Delabs’ obligation to provide technical support and assistance is limited to matters directly related to the minting process. Any issues arising post-minting, including but not limited to blockchain-related concerns or wallet compatibility, shall be the sole responsibility of the user. Delabs reserves the right to modify or update its NFT-related policies, including discontinuation of the minting service, without further notice. Users are encouraged to regularly review the terms of service for any changes. By utilizing the NFT minting service, users acknowledge and accept that the Delabs’ obligations are fulfilled upon the successful completion of the minting process, and Delabs shall bear no responsibility for subsequent actions or events related to the minted NFTs. 3. SUSPENSION AND TERMINATION OF SERVICES WITHOUT LIMITING ANY OTHER REMEDIES, DELABS MAY LIMIT, SUSPEND, TERMINATE, MODIFY ACCESS TO DELABS SERVICES OR PORTIONS THEREOF IF YOU ARE, OR DELABS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS OR PRIVILEGES ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DELABS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, RESTRICT USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. Delabs reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Delabs shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Stop offering and/or supporting the Services can include disabling your access to the Services or any part thereof including any content you submitted or others submitted. 4. PROHIBITED CONDUCT/REPRESENTATIONS AND WARRANTIES You represent and warrant that you will not, in connection with your use of the Services: • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so; • Act in a manner that negatively affects other users’ ability to use the Services, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; • Obtain or attempt to obtain any information from the Software or any Game using any method not expressly permitted by Company; • Intercept, examine or otherwise observe any proprietary communications protocol used by a Game client or the Software, whether through the use of a network analyzer, packet sniffer or other device; • Use any third-party software to collect information from or through a Game client or the Software, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data. • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation; • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling; • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to; • Make misleading statements or misrepresent any fact (including without limitation your identity); • Institute, assist, or become involved in any type of attack, including without limitation distribution of viruses or codes, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service. • Use any computer or device that is running any application, software or technology that is not expressly authorized by Delabs for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, mods or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience; • Exceed your authorized access to any portion of the Services or any database, computer or device; • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Delabs game environment; • Remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology; • Collect or store personal data about anyone; • Using a false identify or information, or on behalf of someone other than yourself; • Use the Service if you have previously been removed by Delabs or banned from using Service; • Modify any part of the Services; • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Servicess; • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available; • Acquire or utilize virtual items in any abnormal way during the service use; Any conduct by you in violation of the foregoing prohibitions may result in the suspension or restrict your access to the Services. 5. INTELLETUAL PROPERTY All materials displayed or performed on the Software (including without limitation any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright and other intellectual property laws and are exclusively owned by Company and its licensors. Company reserves all rights in connection with the Software, including, without limitation, the exclusive right to create derivative works. You agree that you will not create any work based on the Software except as may be expressly authorized in writing by Company, including, for example, in instances whereby the functionality of a Game permits the generation or customization of assets or other content based on the content and intellectual property contained in a Game. Notwithstanding anything to the contrary set forth in this Agreement, all such derivative works created or generated by a user based on or derived from content and the intellectual property contained in the Game (“Game Derivative Works”) shall be owned exclusively by Company. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part. In the course of using the Software, you and other users may provide, create, or generate information or content which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting, creating or generating information or Content on or via the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, “Content”, “User Content” or “User Submissions”), to the extent that such User Content does not constitute Game Derivative Works exclusively owned by Company, Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Content (including all related intellectual property rights) and to allow others to do so; however, Company will only share personal data identified in the Delabs Privacy Policy in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, except, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such Content originated and that Company will not be liable for any errors or omissions in any Content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Game titles or character names and their associated logos are trademarks of Company. All rights reserved. All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. 6. VIRTUAL ITEMS We reserve the right to control, regulate, change or remove any Virtual Items in our sole discretion and without any liability to you. We reserve the right to charge fees for the right to access or use Virtual Items, and we may revise the perceived value or pricing for any Virtual Items. We may also decide to distribute Virtual Items without charge, at our sole discretion. 7. PURCHASES / PAYMENTS / REFUNDS We associate ourselves with certain Services, including, without limitation, for the download of Services, and the purchase of Virtual Items. Such products or services will be made available for purchase on a third party store used by us. Certain Services allow you to purchase Virtual Items within the Services. Such purchases may be made available in both Services which you must purchase to download as well as Services which are free to download. You are responsible for all third party charges, including but not limited to the internet connection, and mobile communication charges, that you may incur for accessing or using our Services. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any Services, or Virtual Items or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Please read the system requirements very carefully before making any purchases. We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. All fees are non-refundable, except as required by applicable law in your jurisdiction. 8. USER CONTENT “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including without limitation any chat text. You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content. By posting any User Content to or through the Services, you grant us a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you post. If any of the User Content that you post to or through the Services contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances). If any of the User Content you post to or through the Services contain the name, image, voice, likeness, or biographical information (“Likeness”) of any person, you hereby represent to Delabs that you have obtained all necessary rights to that Likeness, and that Delabs’s use of that person’s Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide Delabs with a signed consent regarding the rights granted to Delabs regarding your Likeness, and you will provide Delabs with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Delabs in accordance with its Privacy Policy. Delabs reserves the rights in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. 9. LINKS We may feature advertisements from third parties or provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or benefits. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of us and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. 10. PUSH NOTIFICATIONS We may send local or push notifications to your device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any notification to your device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations. 11. INFRINGEMENT Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please contact us at our Customer Support Center through in-game setting or option menu. The written notice of infringement must provide the following information: • 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; • 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; • 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; • A statement, made under penalty of perjury, 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 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; • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we may restrict user from using the Services following repeated notice. 12. PRIVACY POLICY For information regarding Company’s privacy practices and treatment of personal data, please review the Delabs Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by the Delabs Privacy Policy. 13. INDEMNIFICATION You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Services and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation. 14. DISCLAIMERS Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what Content you access via the Software; what effects the Software or the Content accessed therein may have on you; how you may interpret or use the Content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired Content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 15. LIMITATION OF LIABILITY To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following: • Delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you; • Modifying or discontinuing temporarily or permanently, the Games (or any part thereof) with or without notice to you for any or no reason whatsoever; • Immediately terminating your access to the Games for any or no reason whatsoever and with or without notice to you; • The accuracy, usefulness or availability of any information Posted to or through the Games, including but not limited to any securities trading or investment related information; • Any User Content that does not get recorded, or is deleted; or • Any loss or damage of any sort incurred by you as a result of interactions you have with other Games users, third-party advertisements or service providers, or third-party websites, found on or through the Games, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings. DELABS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT; INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. DELABS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO DELABS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLODGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO DELABS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH DELABS IS TO STOP USING THE SERVICE. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. Some jurisdictions may not permit certain liability limitations. If any court determines the law of such a jurisdiction applies, OUR liability shall be limited to the greatest extent permitted by law. 16. DISPUTE RESOLUTION If a dispute arises between you and Delabs, we strongly encourage you to first contact us directly to seek a resolution quickly by contacting us at our Customer Support Center through in-game setting or option menu. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by Laws of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Delabs must be resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator. The Language of such arbitration shall be English. 17. FORCE MAJEURE Delabs will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Delabs, including, without limitation, any failure to perform under the Delabs Policy due to unforeseen cause beyond Delabs’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cybercrimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 18. MISCELLANEOUS These Terms constitute the entire agreement between you and Delabs, and govern your use of the Services. These Terms supersede any prior agreements between you and us with respect to the Services. These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Delabs’s affiliates, representatives, managers, partners, joint ventures, employees, and agents are intended third-party beneficiaries. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The headings in these Terms are for convenience only and have no legal or contractual effect. We may terminate these Terms for any or no reason at any time by notifying you through a notice, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination of these Terms you will no longer have a right to access the Services, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content). Upon termination of these Terms the following provisions will survive: 6, 7, 8, 9, 11, 13, 14, 15, 17, 18. Last updated: November 20, 2023
PRIVACY POLICY
Delabs Inc. and/or its affiliates(“Delabs”) respects the privacy rights of its customers and protects the personal information collected, stored and used in connection with Delabs products, services and websites (the "Services"). To further this commitment, we have adopted this Privacy Policy ("Policy") to guide how we collect, store, and use the information you provide us. 1. SCOPE OF THIS PRIVACY POLICY This Privacy Policy describes Delabs’ collection and use of your personal information submitted and collected through the Services. The term “Personal Information” as used in this Privacy Policy includes any individually identifiable information about the user, including but not limited to name, address, telephone number, e-mail address or any other identifier of a user, and information concerning that user collected and/or maintained in personally identifiable form. BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. 2. THE INFORMATION WE COLLECT. We may collect different information from you when you use our Services. The following are examples to help you better understand the types of information that we collect. Information we collect When you use our Services, we may collect and store information from you directly. For example, when you register with us, we may collect certain information from you, including but not limited to your name, email address, username, nicknames, passwords, social networking usernames, and information from third party sources such as data providers and credit organizations, where permitted by law, including public block chain data such as your nominated public key for a digital asset wallet. Once registered, you may also have the option of completing a user profile. Your user profile may include Personal and Non-Personal Information, depending on how you complete the profile. When you contact us, we also collect certain Personal Information in order to be able to respond to you. Contacts We offer you the ability to locate, invite, and play games with your contacts. To do so, Delabs may request access to your address book or social networking accounts. We will ask you for your permission before we access and store your contacts. Device Information When you use our Services on your devices(including but not limited to computer or mobile) we may collect information regarding your devices, including your unique device identifiers and Internet Protocol (IP) address. We may also collect the name you have designated for your device, the device type, and the country code from which you connect. We do not track your precise location. Technical and Usage Information When you use our Services, we collect technical and usage information such as your browser type, browser language, referring and exit URLs, platform type, interactions with other users, and usage statistic with the Services. For more information on how we utilize log files and cookies, please refer to the Article 3 below. 3. HOW WE COLLECT INFORMATION ABOUT YOU Information You Provide Directly When you use our Services, we may collect information that you provide us directly, including without limitation: • Registration and Profile Information: Your username, and other related information for purposes of registration or creating a profile; • Payment Information: billing information for completing transactions; • Publicly Shared Information: Information that you share publicly via our Services, such as postings in community forums, message boards and blogs, chat in public channels, and your public profile. You are accepting that such public information may be collected, and we shall not be liable in any way for collection and/or disclosure of such information.; • Information for Customer Support: Information that you provide when you contact us for assistance or to report a problem; • Sweepstakes/Promotions: Information that you provide in order to participate in sweepstakes and promotions. Information Collected Through Technology We collect information through technology to make our Services more useful and interesting to our users, including without limitation: • Cookies. We may use cookies to track general, non-Personal Information about our users for statistical and market research purposes (e.g., user name, pages viewed, time spent on applications, websites visited just before and just after our Services, etc.). This information is collected on an aggregated and anonymous basis. Log Files. Like most Internet services, we may also use log files on the server side. The data held in log files includes your Internet Protocol (IP) address, browser type, Internet service provider, referring/exit websites, device type, date/time stamp, and user activity (e.g., feature usage, user rankings, game statistics); • Temporary Files. In addition, the software enabling our websites may have associated log and temporary files that are stored on our servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to use our Services. Your information may also exist within regularly performed server backups. This information is collected on an aggregated and anonymous basis; • Patches. When any game or application is updated or "patched," our patch routine may check your device to see that you have the most recent version of the files; On an aggregated and anonymous basis, we may also collect other information through technology, such as information on our users' hardware, operating systems, and usage patterns. Information Received Through Your Third Party Platform Account and Device(including but not limited to computer or mobile) When you use or connect to our Services on or through a third party platform, such as a social networking site (including using a third party platform account to sign into our Services), you allow us to access and/or collect certain information from your third party platform profile/account as permitted by the terms of the agreement and your privacy settings with the third party platform. The information you allow us to access and collect varies, depending on the Service you use, the terms of the third party platform and your privacy setting there. You may be able to disallow the third party platform from providing us with certain information about you by changing your privacy settings there. If you use our Services via a mobile device, we may, in accordance with the terms of any applicable agreement with the mobile device carrier (and as allowed by your privacy settings) collect certain information such as your unique device identifier (a number automatically assigned to your mobile or wireless device), device type, and information you choose to provide or share, such as e-mail address. 4. USE OF THE INFORMATION COLLECTED We may use the information we collect for a variety of purposes, primarily for operating and improving our Services. Our uses include without limitation: • Communications: Communications with you about your account and our Services, such as new features and offerings; • Services: Providing our Services, such as fulfilling requests and resolving customer support issues; • Analysis: Analyzing trends and user behavior to improve our Services and develop new Services; • Protection: Protecting our Services from misuse and, as may be necessary or appropriate in our determination, to protect the safety and security of our users, employees and third parties, or the integrity of our Services. Among other forms of communications, we may send push notifications to your device to provide game updates and other relevant messages. You can manage push notifications from the "options" or "settings" page. You also may be able to manage them from your device's settings page. Finally, we may take your Personal Information and make it non-personally identifiable. We do this either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (e.g., your name) that make the information personally identifiable to you. This process is known as de-personalizing your information. Given the non-personal nature of this information, no restrictions apply under this Privacy Policy on our right to use de-personalized information. Illegal Activities: We reserve the right to release and/or use all information contained within our databases, access logs or other records concerning you if you violate our Terms of Use, End User License Agreement or other rules, policies, notices, agreements or guidelines, or intentionally or unintentionally partake (or are reasonably suspected of partaking) in any illegal activity, including, but not limited to, hacking, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law, and/or to initiate our own legal proceedings. We cooperate with law enforcement agencies in identifying those who may be using the Service (or any part thereof) for illegal activities. We also reserve the right to report any suspicious or suspected illegal activity to law enforcement individuals or entities for investigation or prosecution. 5. SHARING OF YOUR INFORMATION We will not share your Personal Information with unrelated third party advertisers. We will only share your Personal Information with third parties under the following circumstances: • Our Service Providers: We may utilize or partner with other companies to provide our Services, such as vendors and service providers that analyze customers' interaction with our Services, and handle consumer surveys, or companies that co-develop or co-publish games with us. While providing their services, these companies may access your Personal Information, but we will direct them to maintain the confidentiality of such information and use it solely for performing the applicable services; • Required Disclosures: We will disclose Personal Information when we believe in good faith that disclosure is required or permitted by law (e.g., court order or subpoena) or such disclosure helps (i) enforce our terms of use, contests, sweepstakes, promotions, game rules, or similar restrictions, or (ii) protect the safety and security of our users, employees and third parties, or the integrity of our Services; • Mergers and Corporate Transactions: In the event that we undergo a business transition, such as a merger, acquisition, joint venture, corporate divestiture or dissolution, a sale of assets, or similar transactions, we may share, disclose or transfer your information, including Personal Information, to the other organizations that are parties to such transactions. • Sweepstakes and Promotions: We may share your information in connection with any sweepstakes or promotions you enter in connection with our Services, as necessary to administer, market, sponsor, administer or fulfill them or as required by applicable laws, rules or regulations; • Miscellaneous: Our Services may display "offers" that are hosted by third party providers. The offers may, for example, provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID, may be shared with the offer providers. Please be aware that, after clicking on one of these offers, you will no longer be on our Services, and information that you provide will go directly to the third party provider With Your Permission. Additionally, if you opt-in or otherwise agree to have your information shared with a third party (or third parties), we will share your information accordingly, in which case the third party's use of your information is subject to the third party's own privacy policy. As discussed above, we may use de-personalized information in any way, including sharing it with third parties, without your consent. Among other things, we may share some of the information we collect from you upon installing a mobile application with vendors and other service providers who are working with us in connection with the operation of Our Services and/or for analytics purposes which may require the reproduction and display of de-personalized information. You may be able to "opt out" of the collection of your information for third party analytics purposes by following the directions provided by our third party analytics vendor. If you "opt out" with one third party analytics provider, that action is specific to that provider only and does not otherwise limit our information collection under the terms of this Privacy Policy. 6. CHILDREN Our Services are not intend for children under the permitted legal age in their jurisdiction, and we do not knowingly collect any Personal Information from anyone under the permitted legal age. If you are under the permitted legal age, please do not send us any information about yourself and you should not use or attempt to use our Services. Further, in the event we discover that we have collected Personal Information from children under the permitted legal age in their jurisdiction, we will promptly delete such information in a secure manner. If you believe that we might have any information from or about children under the permitted legal age, please contact us at our Customer Support Center through in-game setting or option menu. Please note that all persons under the permitted legal age in their jurisdiction are required to have a parent or guardian read and accept this Privacy Policy and the Terms of Use on their behalf. Parents are encouraged to supervise their children’s use of our Services and to become familiar with the types of content available through our Services. Parents should oversee their children’s use of e-mail, forum and other online communications. If you are a child under the permitted legal age in your jurisdiction, you must obtain parental consent prior to using our Services. We will not knowingly contact or engage with children under the permitted legal age without said parental consent. If you have reason to believe that a child has provided us with their Personal Information, please contact us at the address given and we will endeavor to delete that Personal Information from our databases. 7. SECURITY OF YOUR INFORMATION We are committed to safeguard your information, and we implement reasonable security measures to protect the security of your information. We also constantly update our technology with the goal of better protecting your information. While we take reasonable precautions against possible security breaches, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will not occur. We urge you to take steps to keep your Personal Information safe, to use strong passwords, to log out of your account after use, and to use different passwords for different services with different companies. It is important that you also help protect and maintain the security of your account. Please notify us immediately of any unauthorized use. 8. AMENDMENT We are constantly innovating and looking for new ways to improve our Services and our Website. We may therefore amend this Privacy Policy from time to time to reflect such improvements or any other changes to our business. We will endeavor to notify you about any significant changes to this Privacy Policy which we feel may disadvantage you in any material way. If you object to any of the changes you should immediately stop using our Services and close any account, you may have with us. 9. ENFORCEMENT We regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of Personal Information by contacting us as provided above. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Information that cannot be resolved between us and an individual. 10. CONSENT TO PROCESSING By providing any Personal Information to us pursuant to this policy, all users, fully understand and unambiguously consent to this policy and to the collection and processing of such Personal Information abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the users and disclosures mentioned in this policy may involve the transfer of your Personal Information to various countries around the world that may have different levels of privacy protection than your country. By submitting your Personal Information through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your Personal Information as described in this policy. If you do not consent to the terms of this policy, please do not use the Services. 11. QUESTIONS OR COMMENTS If you have any questions, comments or concerns regarding our Privacy Policy or practices, please contact us at our Customer Support Center through in-game setting or option menu. Last updated: May 24, 2023

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System Requirements

Type Recommended System Requirements
OS Windows MAC
Version Windows 10 64-bit MacOS 11
Processor Intel Core i7 4th generation
AMD RYZEN 5 1st generation
Apple Silicon(M1) Series
Memory 8GB 4GB
Video Card NVIDIA GeForce GTX 780 Ti High
AMD Radeon RX 5500 XT
API DirectX 11
Storage 30GB