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 https://www.delabs.gg/privacy.html
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.
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