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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.
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.
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.
When you use our Services, we may collect information that you provide us directly, including without limitation:
We collect information through technology to make our Services more useful and interesting to our users, including without limitation:
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.
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.
We may use the information we collect for a variety of purposes, primarily for operating and improving our Services. Our uses include without limitation:
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.
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:
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.
Our Services are not intend for children under the permitted legal age in their jurisdiction (for example, 18 years old in some jurisdictions), 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.
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.
We understand the importance of your privacy and your rights over your personal data. Therefore, if you are a user of our service and wish to request the deletion of your personal data, you may do so by contacting us at our Customer Support Center through website. Alternatively, contact us at We will respond to your request to delete your personal data within a reasonable timeframe and take appropriate measures to ensure that your data is deleted from our servers and systems in compliance with applicable laws and regulations.
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.
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 an individual and us.
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.
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: February 20, 2024
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. Terms include the Delabs Privacy Policy.
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.
When accessing or using the Software, including browsing any Company website or accessing games or services, you agree to this Agreement and the Delabs Privacy Policy. Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.
Before accessing or using the Services, including browsing any Delabs website or accessing a game, you shall agree to these Terms and Privacy Policy. By using the Services, you represent and warrant that you are of legal age (for example, 18 years old in some jurisdictions) 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.
In connection with 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, that 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.
The Service is designed to allow users to discover and collect NFTs (such users, “Collectors”). Users will be given the opportunity to purchase NFTs on the Service and may receive other benefits, experiences, opportunities as a result of their ownership of NFTs (collectively, “NFTs”).
Each NFT is a non-fungible token that uses smart contracts on one or more blockchains (“Smart Contracts”). A blockchain provides an immutable ledger of all transactions that occur on that blockchain. This means that all NFTs are outside of the control of any one party, including Delabs, and are subject to many risks and uncertainties. Any blockchain network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Service or to purchase, list or sell NFTs (each, a “Transaction”), and that, except with respect to transferring control of a NFT to the initial purchaser through the Service (“Initial Purchaser”), Delabs has no responsibility with respect to any Transaction. Delabs will not be liable for the acts or omissions of any third parties, nor will Delabs be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You understand that certain information (including public addresses) will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of a NFT to the Initial Purchaser, Delabs has no control over the transfer, storage, ownership or maintenance of such NFT.
In order to access and use the Service, including engaging in a Transaction, you may connect your account to your digital wallet extensions as allowed on the Service. Such digital wallets allow you to purchase, store, and engage in transactions using the supported cryptocurrency. When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). Delabs is not responsible for managing and maintaining the security of your cryptocurrency wallet. Delabs has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to the Service, please notify us immediately.
If you are under legal age to form a binding contract in your jurisdiction (for example, 18 years old in some jurisdictions), you are not authorized to use the Service, with or without registering.
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Delabs of any unauthorized use of your password or account or any other breach of security. Delabs will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Delabs reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Delabs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, including in relation to any NFT.
When each NFT is sold for the first time, the agreement for sale is between Delabs and the Initial Purchaser. If the Initial Purchaser decides to sell a NFT (“Secondary Sale”), then Delabs is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale. If you or any owner of a NFT sells or transfers a NFT to another user, (a) then you, as a Collector, represent and warrant that you will notify the subsequent owner of these Terms of Service and require the subsequent owner to comply with these Terms of Service, (b) the Applicable License (as defined below) will automatically transfer to such subsequent owner, and such other owner will be deemed the “Collector” (for purposes of such NFT and the Applicable License to the underlying Art (as defined below)) and will be subject to these Terms of Service, and (c) you, as the seller or transferor of such NFT, will cease to have any further rights to such NFT or underlying Art.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize Delabs to automatically charge and collect such fees from your payment instrument or wallet. If you are an Initial Purchaser, then all amounts due are to be paid to Delabs. If you are not the Initial Purchaser of a NFT, then amounts may be paid to the seller of such NFT.
Delabs reserve the right to collect a percentage of any Secondary Sale of a NFT (“Royalty”), whether on the Services, through any third-party marketplaces or otherwise, in perpetuity. The applicable Royalty will be displayed at the time of minting or sale, or through other reasonable means. If a Royalty for Secondary Sales applies, you agree to notify actual and potential buyers of the applicable NFT of such Royalty and not attempt to circumvent such Royalty. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services or NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a NFT).
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.
WITHOUT LIMITING ANY OTHER REMEDIES, DELABS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR 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 YOUR USER NAME AND PERSONA AS A RESULT OF LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS 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 AND PORTIONS THEREOF, PROHIBIT ACCESS TO OUR 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, SUSPEND OR RESTRICT ACCESS OF 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 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.
You represent and warrant that you will not, in connection with your use of the Services:
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your access to the Services.
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, excerpt, 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.
You agree and understand that certain Transactions or components of the Service may require you to pay fees, commissions, royalties or other amounts to Delabs (“Fees”).
You agree and understand that certain Fees charged by Delabs for Transactions may be transferred, processed or initiated directly through one or more of the Smart Contracts on the blockchain network at the rate provided in the applicable Smart Contract. If you are paying such Fees in such manner, unless the Fees are separately mutually agreed upon in writing between you and Delabs, you will be notified of the applicable Fees via the user interface of the Service at the time of your minting of the applicable NFTs.
To the extent any Transactions on the Service are facilitated by Smart Contracts, the applicable blockchain network will require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the blockchain network, and thus every Transaction occurring on the Service. The value of the Gas Fee could change, often unpredictably, and is entirely outside of the control of Delabs. You acknowledge that under no circumstances will a contract, agreement, offer, sale, or other Transaction on the Service be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
You are responsible for all third party charges, including but not limited to the internet connection, and 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 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.
The information on this Site and any information provided in connection with the services are provided for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset.
The information on this Site and any information provided in connection with the services are provided solely on the basis that you will make your own transaction decisions, and Delabs does not take account of any person’s financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the services shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
The digital assets about which information is provided on the Site and any information provided in connection with the services are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Site, or any information provided in connection with the services or to which you may independently have access.
There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICES. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A NFT OR OTHER DIGITAL ASSET.
Please note the following risks in accessing, purchasing, selling or using NFTs: The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. NFTs are not legal tender and are not backed by any government. Transactions of NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the services or NFTs at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that Delabs will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
“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’ 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.
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.
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 shall provide the following information:
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 terminate or disable user account following repeated notice and takedown requests for two or more postings by the user.
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.
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.
YOUR USE OF THE SERVICE, NFTS, AND INTERACTIONS IS AT YOUR SOLE RISK. THE SERVICE, NFTS, AND INTERACTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DELABS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DELABS MAKE NO WARRANTY THAT (A) THE SERVICE, NFTS, OR INTERACTIONS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, NFTS, OR INTERACTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, NFTS, OR INTERACTIONS WILL BE ACCURATE, SATISFACTORY OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE DELABS WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES, NFTs, OR INTERACTIONS. DELABS DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE ECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT DELABS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT.
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:
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 ACKNOWLEDGE 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.
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 shall 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.
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 shall 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 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, 10, 12, 13, 14, 16, 17.
Last updated: February 20, 2024