Terms of Use for Eternal Crypt - Wizardry BC -

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These Terms of Use (hereinafter, these "Terms") set forth the terms of use of the Service (as defined in Article 1) between users and ZEAL NOVA DMCC (hereinafter, the "Company," or "our"). These Terms shall apply when users use the Service. Any guidelines, Privacy Policy, rules for the use, etc. posted in the Service or on the official website separate from these Terms (hereinafter, the "Guidelines") also constitute a part of these Terms. In the event where there are any discrepancies between these Terms and the Guidelines, the provisions of the Guideline will prevail. The Company may modify these Terms or the Service at any time. In such case, the Company will notify users of the timing when the amendment will take effect, the fact that the amendment will take place, and the details of the amendment by means of notification or posting on the official website or other appropriate means. With such notification or posting, users shall be deemed to have consented to the amendments of these Terms or the Service.

1. Definitions

This Service refers to the application software "Eternal Crypt - Wizardry BC -" distributed by the Company and all associated content and services.
Official Site refers to the official site of this service that can be accessed via links within this service.
Target Device refers to devices equipped with a version of the operating system compatible with this service.
Account Identifier refers to identifiers used to identify users.
Paid Service refers to the services that become available upon direct purchase of various content items, either through monetary payment or tokens, within this service.
Token refers to the fungible tokens issued on the blockchain using blockchain technology that are usable within this service.
Base Token (BT) refers to the foundational tokens associated with blockchains like MATIC.
Utility Token (UT) refers to tokens with inherent usability that hold specific rights or functions.
NFT refers to the non-fungible tokens (NFTs) issued on the blockchain using blockchain technology that are usable within this service, or digital data transfer information and other necessary information for trading said digital data on this service that is recorded on the blockchain according to the methods prescribed by our company.
Digital Asset is a collective term for Token and NFT.
Spending Wallet refers to the wallet used for making payments during purchases or receiving funds during sales within the shop or marketplace of this service, managed by our company along with several other parties in terms of its private key.

2. Target Users of the Service

※ If you are a child, please read this with your guardian, such as your father or mother, or some other adult.

Individuals who qualify as "minors" in their place of residence are not allowed to use or register for this service. A "minor" typically refers to anyone under the age of 13, but note that the defined age can be higher depending on the region.
Those who fall under the previous section may use this service only if their parent, legal guardian, or agent is bound by these Terms and the accompanying Guidelines, and agrees that the minor will use this service under their supervision.
If an individual qualifying as a "minor" violates the preceding clause, our company may suspend or terminate their use of this service. Should we take such measures, our company assumes no responsibility for any damages or losses incurred by the "minor" as a result.

As always, if you're using this translation in a formal setting, consulting with a legal professional is advisable to ensure the terms are appropriate and legally binding.

By using The Service, you represent and warrant that;
- You are not a current resident of the United States of America, China (Mainland), Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, Antigua and Barbuda, Hong Kong, Thailand, Malaysia, India, United Arab Emirates, or Canada (Ontario) ; and
- Your access to and use of the Service is lawful in your country of residence in the manner in which you access and use them.

3. Account

If a user needs to register an account to start using this service, the user must provide true, accurate, and complete information about themselves (hereinafter referred to as "User Information") at the time of account registration. If there is an error in the User Information or if there is a change, the user must promptly correct or update the registered details.
Our company offers the service to users based on the User Information. We are not responsible for any disadvantages or damages incurred by the user due to false, incorrect, or omitted User Information.
We may restrict the use of part or all of the services if we believe that the necessary User Information has not been provided.
An account is exclusive to the user. All rights associated with the account cannot be transferred, lent, or inherited to a third party. Users are responsible for managing their own accounts and are responsible for all actions and results carried out using their accounts. We consider all actions performed using the user's account as the actions of the user themselves and assume no responsibility for any trouble arising from the unauthorized use of the user's account by a third party.
We may delete accounts that have not been accessed for more than a year without prior notice to the user.

4. License

All copyrights related to images, videos, text, programs, and other information associated with this service (including the rights defined in Law No. 38/2021 on Copyrights and Neighboring Rights) and other intellectual property rights belong to our company or our licensors. The apps within this service are licensed to users, and such license does not imply permission or transfer of intellectual property rights of the service.
We grant users a non-exclusive right to use this service on target devices. This right cannot be transferred or sublicensed.

5. Privacy Policy

We handle user personal information (as defined as "personal information" in Law No. 45/2021 on the Protection of Personal Data (PDPL 2021)) appropriately according to our "Privacy Policy." Users agree to the handling of personal information and other data based on this Privacy Policy.

6. Internet Access

All costs required for internet connections, line usage fees, packet communication charges, etc., necessary to use this service are borne by the user.

7. Paid Services

7.1 Shop
1. Users can purchase various NFTs or in-game items issued by the company in the shop set up within this service using methods specified by the company.
2. When users exchange tokens specified by the company (e.g., BT, UT) for NFTs or other in-game items sold in the shop within the service, they must send the tokens from an external wallet to the spending wallet provided in the service and prepare the balance needed for the exchange, including any applicable fees for sending the tokens.
3. Unless otherwise specified by the company, paid services are only permitted for use by the user who purchased or exchanged them. Also, if a user uses the app on multiple devices with incompatible operating systems (hereinafter referred to as "OS"), even if the in-game currency has the same name on different OS, they are considered separate and cannot be inherited or combined.
4. If it becomes evident that the content or quantity of the paid service acquired by a user does not match the user's service usage situation, the company may correct it without prior notice to the user.

7.2 Marketplace
1. Users can list NFTs on the marketplace within this service using methods specified by the company.
2. Users can purchase NFTs listed by other users in the marketplace within this service using methods specified by the company.
3. When the sale of a listed NFT is finalized, the amount resulting from deducting fees from the sale price will be deposited into the user's spending wallet.
4. Prohibited actions when using the Marketplace:
  1. Listing items with no genuine intention of entering a sales contract.
  2. Listing items with the sole purpose of entering a sales contract with specific users.
  3. The act of attempting to exchange goods in a manner that contravenes applicable laws, guidelines to be followed by market sellers, and public morals and order.
  4. Disseminating information or rumors that manipulate the trading price of items.
  5. Transactions involving artificial manipulation of item prices and unfair pricing.
  6. Transactions at prices that deviate significantly from those deemed appropriate by the Company.
7.3 Use of Digital Assets
1. Users who possess NFTs (hereafter referred to as "NFT Holders") can use the services specified by the company, including viewing digital data related to the NFT on this service, by completing procedures set separately by the company.
2. The use of NFTs and the associated digital data by NFT Holders will be subject to the usage conditions indicated separately by the company on this service.
3. NFTs and digital data related to NFTs used by users in this service are included in the "User Materials" referred to in Article 9.
4. NFT Holders cannot use the NFT as payment for any goods, services, or other digital content both inside and outside this service.
5. When using digital assets in this service, Digital Asset Holders may need to use wallets, systems, or services provided by third parties other than the company (hereafter referred to as "external services"). Digital Asset Holders should use external services at their own expense and responsibility according to the rules set by the third party. Except in cases of intentional or gross negligence by the company, the company is not responsible for external services.
6. The company may change the acquisition amount, rate, and price of digital assets that users can obtain through the use of this service.
7. Users are generally responsible for the entire amount of blockchain network fees (e.g., gas fees).
8. Users acknowledge and agree that, if this service terminates according to the provisions of Article 15, paragraph 3, they will no longer be able to view digital data related to NFTs or use digital assets through this service.
9. The company is not liable, even if users suffer any damage due to the establishment or amendment of tax-related laws and regulations that regulate digital assets.
10. Even if these terms end, the provisions of items 2 and the previous items in paragraph 3 will continue to remain in effect.

8. Advertisement

The company can display advertisements of itself or third parties within the app of this service. Such advertisements are provided by third parties, and the company does not guarantee accuracy, timeliness, reliability, completeness, or any other matters related to the ads.

9. User Materials

The company may provide a mechanism within this service for users to post, send, display, or otherwise share texts, images, videos, programs, data, and other information (hereafter referred to as "User Materials") to other specific or unspecified users.
The company can use the User Materials in any form or medium (including but not limited to use, distribution, duplication, modification, display, publication, etc.), and can also permit third parties to use them.
Users grant the company and third parties mentioned in the previous item the right to use the User Materials freely, indefinitely, and unconditionally, and will not exercise any rights, including moral rights of authors, regarding the proper use of the User Materials by the company or such third parties.
The rights granted to the company concerning the User Materials will persist even after the termination of this service.
Users guarantee that the User Materials, and the company's use of the User Materials based on these terms, will not infringe on third parties' intellectual property rights, privacy rights, rights of likeness, or other personal rights or interests (including but not limited to "intellectual property rights, etc.").
If any complaints, lawsuits, or other disputes arise from third parties regarding the User Materials, users will resolve these at their own expense and responsibility. The company bears no responsibility for such disputes. If the company requests an investigation into such disputes, users agree to cooperate with the company.
The company reserves the right to delete User Materials at its discretion at any time.

10. Consent

Users shall be deemed to have given explicit consent to the Company for its right to monitor and record all online activities made on the Service. Unless required under law, the Company does not have any obligation to monitor or record all activities including the communications made on the Service.
Users shall agree to the matters set forth in each of the following items with respect to the contents of Users of the Service (hereinafter, the "User Contents"):
1. The Company may browse them to the extent required for the operation, including those among the Service that are not made public;
2. The Company will provide them, to the extent necessary to protect the rights of itself or any third party, to the police or other public authorities; and
3. The Company will stop releasing the relevant User Contents or delete them, if it considers that they insult any third party or are illegal or unjustifiable. In this case, the Company may also prohibit, temporarily or permanently, the distribution of other contents within the Service created by the person who has distributed the relevant contents.
The Company shall have the right to delete all or a part of the User Contents from the Service at its discretion.
Users shall be responsible for the backup of their respective User Contents and the Company shall have no obligation for the backup.
The Company may use, within the Service, fraud detection tool to prevent fraudulent access or other inappropriate acts designated by the Company. Users agree that such tool exists in the Service and that fraudulent acts may be detected by it.

11. Prohibited Acts

Users are prohibited from engaging in, or instructing, instigating, or forcing any third party to engage in, the following acts with respect to the Service:

Acts which violate or may violate these Terms;
Acts which violate or may violate treaties or laws and regulations, or public policy (including but not limited to the infringement of copyrights or trademark rights, defamation, infringement of privacy, gambling, identity theft, hacking, stalking, and distribution of forged software);
Acts which violate or may violate upon the copyrights, publicity rights, or other intellectual property rights, portrait rights, privacy rights, or other personal rights, ownership, or other property rights of the Company or any third party;
Acts of unfairly discriminating or defaming the Company or any third party;
Acts of slander against or damaging credit of the Company, the Service, or any third party;
Acts of registering, posting, distributing, uploading, or in any other means communicating any contents (including nicknames, etc.) which include harassing, derogating, obscene, violent, grotesque expressions, etc. against the Company or any third party that bring a feeling of repulsion to others or that the Company considers are against public policy;
Acts of stalking, relentlessly following, or sending a large volume of messages against the other party's will;
Acts of interrupting the use of the Service by other users (including but not limited to the acts of circulation of spam or information which may mislead other users, intentional disconnection while using the Service);
Acts of inducing or soliciting any third party to commit suicide, injure himself/herself, engage in anti-social acts, drink alcohol while being under 20 years old, engage in prostitution, etc.;
Acts of disclosing or leaking, or acts which may disclose or leak any information which may personally identify someone, such as his/her name and address, or other confidential information such as password without the other party's consent;
Acts of impersonating the Company or any third party;
Acts of registering or posting false information;
Acts or threatened acts of fraudulent access, interrupting systems or networks relating to the Service;
Acts of intentionally triggering the failure of the Service and making use thereof;
Acts of avoiding or trying to avoid the user authentication system or security functions of the Service;
Acts of altering, damaging, disassembling, decompiling, or reverse engineering the Service;
Acts of using, producing, or distributing unapproved software or hardware (including but not limited to the devices other than the Target Devices as well as the cheat code software for avoiding the restriction of the Service);
Creating or using multiple accounts;
Transferring NFTs between multiple accounts to gain an unfair advantage in the game;
Acts of selling/purchasing, exchanging, assigning, or allowing the use of the Account, App-specific Currencies, various contents including the items in the Service, or any rights which users may have in relation to the Service (which include but not limited to the so-called real money trade), as well as all acts of preparation thereof, including advertisement, application, and approval (except in the event the Company approves);
Acts of profit-making activities such as selling/purchasing, advertisement, soliciting, promotion, linking on websites (except in the event the Company approves);
Acts of secondary use or disclosure to third parties by reproducing without consent the details of the Company's support e-mails or information obtained from such e-mails;
Acts of using any information obtained from the Service for profit;
Acts of cooperating and engaging with anti-social forces, or acts of soliciting into them;
Acts of resuming to use the Service by users whose use has been suspended due to the violation of these Terms;
Acts of facilitating other users' acts set forth in this paragraph; or
Any other acts that are considered inappropriate by the Company.

12. Violation

The Company may take the following measures without any prior notice to users, if it considers that users have engaged in or may engage in any of the prohibited acts in the preceding article. In this case, the Company shall not be liable for disclosing the reasons for taking such measures, period of implementing such measures, or any other information relating to such measures. Users may not make any objection against the Company with respect to such measures. The Company shall not be obliged to prevent or correct the acts of violation of the prohibited matters.
1. To stop the prohibited acts and request not to repeat similar acts;
2. To forfeit the rights in the Service (which are not limited to the rights obtained through the prohibited acts) and take other adverse measures;
3. To suspend the use of all or a part of the Service;
4. To suspend or delete Accounts;
5. To disclose the committed prohibited acts in or outside of the Service, which includes reporting to the police or other public institutions in potential criminal, administrative, or other cases; and
6. Any other measures which the Company considers necessary and appropriate.
In the event where users' Account has been deleted pursuant to Item ④ above, all rights of such users in the Service shall expire as of the time of the deletion, including the App-specific Currencies as well as the right to use various contents in the Service such as the items.
The Company may decide not to provide any of its services, including the Service, to users whose Accounts have been deleted (which includes the rejection of providing services and deletion of accounts for other registered services). The Company may also keep the personal information of the users to the extent required for such measures.
The Company shall not be liable for any damage suffered by users due to the measures taken pursuant to this article, including the deletion of the Accounts.

13. No Guarantee and Indemnification

The Service shall be provided "as is." The Company shall provide no guarantee, whether it is explicit or implicit, and whether it is statutory or not, including the merchantability of the relevant application, fitness for particular purposes, and non-infringement of third-party rights.
The Company shall not guarantee that the Service do not halt in the middle of the operation, are free of errors, and that they operate properly on the Target Devices. The Company may stop supporting the Service at any time at its discretion and shall not be liable for such suspension.
The Company shall not be involved in any of the acts committed by users in the Service and shall not guarantee the accuracy of any information via the relevant application. Users shall resolve all disputes arising between other users at their cost and responsibility.
The Company shall not be liable for any damage suffered by users due to any third parties (including the telecommunication and other business operators).
In the event users change the terminal used for the Service, it will not be guaranteed that the registered information will be passed on to the new terminal unless set forth by the Company. The same shall apply to the registered information when users have deleted the Service or their Account information from their terminals and thereafter resume using the relevant application.
Upon provision of the Service, in the event where the Company has been granted any license from any third party, the Company shall not guarantee that the Service pertaining to such license will continue to be provided after the expiration of such license.
The Service may indicate or provide links to websites or contents independently run or provided by third parties (such websites or contents shall hereinafter be referred to as the "Third-Party Contents"); however, the Company shall not be liable for any of such Third-Party Contents. Terms of Use of third parties running or providing the Third-Party Contents may apply to such Third-Party Contents. Users shall use the Third-Party Contents at its own responsibility.

14. Damage Compensation

In the event where the Company or any third party suffers any damage due to users' violation of these Terms or any other reasons attributable to users, users shall compensate the Company or the third party for such damage. Upon occurrence or a threatened occurrence of such damage, the Company may seek an injunction against such user for the cause thereof and the user shall respond to such injunction.
Despite the indemnity clauses in these Terms or the Guidelines, in the event where the Company is liable for the damage suffered by users, except in the event where it has had a willful intention or a gross negligence, the Company shall not be liable for the compensation of damages for any for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise).

15. Change, Suspension, and Termination of Service

The Company may change all or a part of the contents of the Service without any prior notice to users. Depending on the change, settings of users up until then may be changed, data and contents may be lost, or functions may be lost.
The Company may suspend the provision of all or a part of the Service temporarily or over a long period without prior announcement or notice to users, if any of the following events occur. The Company will, except in the event of an emergency, make an announcement or send a notice to users in advance by means which the Company considers to be appropriate.
1. In the event of regular or emergency maintenance or repair of the hardware, software, communication equipment, or any other resources used to provide the Service;
2. Disconnection of communication lines, such as the Internet and mobile phone;
3. In the event where the operation of the Service has been disabled due to force majeure events, including earthquake, lightning strike, wind and flood damage, or other natural disasters, state of national emergency, measures taken by public authorities such as disposition by the court, power outage, and infectious disease; or
4. Any other event based on which the Company has decided that the suspension of the provision of the Service is required.
The Company may terminate the provision of all or a part of the Service (including the right to use the Paid Services, App-specific Currencies, and the items purchased using such currencies) at its discretion. In this case, the Company will, except in the case of an emergency, make an announcement or send a notice to users in advance by means which the Company considers to be appropriate.
Except in the event where the Company owes a statutory obligation to repay or there was a willful intention or gross negligence by the Company, the Company shall not be liable for any damage suffered by users due to the change, suspension, or termination of the Service pursuant to this article.

16. Revision of this Agreement

We reserve the right to modify this Agreement as we deem necessary, without the prior consent of the potential user. The potential user agrees to this in advance. Even if the changes result in disadvantages or damages to the potential user, we will not be held responsible.
If we modify this Agreement, we will notify potential users of the fact of the change, its content, and the effective date of the change, using a method we deem appropriate, at least two weeks prior to the effective date. We will also post the updated Agreement on our designated website or other suitable places. However, if the change to this Agreement has a significant adverse effect on the potential user or in other situations we deem necessary, we will provide the notification in advance.
Users are expected to periodically check this Agreement to be aware of any changes. If a potential user does not agree with all or part of the changes to this Agreement, they can terminate this contract by notifying us through a procedure separately defined by us, no later than the day before the effective date of the change.
By continuing to use the service after the effective date of changes to this Agreement, potential users are considered to have agreed to such changes.

17. Confidentiality

Except in the event where the Company gives a prior written approval, users shall have an obligation to keep the non-public information confidential which the Company disclosed to users for the Service under the condition that they keep it confidential.

18. Transfer of Company's Business for Service

In the event where the Company transfers the business pertaining to the Service to other companies (including a business transfer, corporate split, merger, or any other case where a business is transferred; hereinafter the same), it may assign, upon the transfer, its status under this Agreement for the Use of Service, rights and obligations hereunder, registered items of Users, and other customer information to the assignee of such transfer, and users hereby give a prior consent to such assignment before using the Service.

19. Severability

Users agree that, even in the event where any of the provisions of these Terms or the Guidelines or any part thereof is considered to be null and void or unenforceable pursuant to the Consumer Contract Act or any other law, the remaining provisions of these Terms or the Guidelines or the remaining parts of the provisions which have been considered null and void or unenforceable shall continue to be fully effective.

20. Survival

The provisions of Article 4 (License), Article 5 (Privacy Policy), Article 7 (Paid Services), Article 13 (No Guarantee and Indemnification), Article 14 (Damage Compensation), Article 17 (Confidentiality), Article 18 (Transfer of Company's Business for Services), Article 19 (Severability), Article 21 (Governing Law and Jurisdiction), and Article 22 (Others) shall survive the termination of this Agreement for the Use of Service.

21. Governing Law and Jurisdiction

These Terms shall be governed in accordance with the laws and regulations of the United Arab Emirates. Any and all disputes relating hereto shall be subject to the jurisdiction of the Dubai Multi Commodities Centre (DMCC).

22. Others

Failure or delay in exercising any of the rights set forth herein does not mean that the Company has waived such right. The Company may transfer the rights set forth herein to its affiliated companies or procure such companies to exercise them.
In the event where the Company provides a translation of these Terms or the Guidelines, it is provided solely for the purpose of reference. If there is any discrepancy between the translated version and the English version, the English version shall prevail.

23. Contact Us

For any inquiries with respect to the Service, please contact us from the inquiry screen in the application.

Established on October 19, 2023

Updated on November 20, 2024, Effective from December 4, 2024