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.
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.
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 (as defined below).
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.
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.
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.
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.
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.
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.
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.
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
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.
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: February 22, 2023