TERMS AND CONDITIONS
Last updated: [ July 14, 2025 ]
These Terms and Conditions, together with our Privacy Policy and all supplemental terms and other documents referenced in these Terms and Conditions, as well as any relevant rules or terms and conditions that may apply to any campaigns or activities relating to the Services (collectively, the “Terms”) govern your use and access to (in-game) purchases, Games, Digital Assets, Virtual Items, User Generated Content (“UGC”), websites and virtual store and any other related services as well as any other services, activities, events and promotions we may make available from time to time, unless we specifically state otherwise (“Services”).
These Terms form a legally binding contract between you and Gamephilos Singapore Pte. Ltd. (“AOD”, “we”, “our” or “us”). By accessing or using any of the Services you accept and agree to these Terms. If you do not agree to these Terms then please do not access, download, purchase or use our Services. These Terms shall apply to your access and use of the Games, your Account, Digital Assets, Virtual Items and other Services at all times and shall continue unless we terminate this contract with you.
Games means the game “Age of Dino” and any other games developed and/or made available by us, whether existing now or in the future.
The Services are not intended for distribution, access or use by any person or entity in the People’s Republic of China, the Republic of Korea or the Kingdom of Belgium or in any jurisdiction where such distribution, access or use would be contrary to, prohibited, or restricted by any law or regulation, or which would subject us to any registration or licensing requirements, or any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”) or sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.
Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of the People’s Republic of China, the Republic of Korea or the Kingdom of Belgium or any jurisdiction where distribution, access or use of the Services would be contrary to, prohibited, or restricted by any law or regulation; (b) you are not located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction or any jurisdiction which is subject to Sanctions; (c) you are not subject to any Sanctions; (d) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction or any jurisdiction which is subject to Sanctions; (e) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction or any jurisdiction which is subject to Sanctions, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction or any jurisdiction which is subject to Sanctions. You further covenant that the foregoing shall be true during the entire period of this Terms. You are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.
FOR U.S. AND CANADIAN USERS ONLY: These Terms include a binding arbitration clause and class action waiver under sub-section 20.10, which means you agree to submit any dispute related to these Terms, and/or any element of the Services, and/or your relationship with us, to binding arbitration rather than proceeding in court. You may opt out of this mandatory arbitration agreement only by following the procedures below as described in sub-section 20.10.3. These Terms also include a jury waiver.
1. ABOUT YOU
By using the Services, you agree that you are at least eighteen (18) years of age or the age of majority as may be determined in your country of residence (if the age of majority in your country of residence is older than eighteen (18) years of age), and have the full legal capacity and authority to form a binding contract with us under applicable law. If we have reason to suspect that you are not of the age required to legally access the Services (including where you do not meet the age requirements specified by us above) or that you do not have the capacity or authority to form a binding contract with us, without limiting any other rights or remedies we may have whether at law or in equity or otherwise, we will have the sole discretion to Stop the Account (as detailed in sub-section 3.3).
You further understand and accept that AOD has the right to require you to be subject to KYC procedures and to supply information, materials and documentation requested by AOD at any time. You must ensure that any information provided to AOD is true, accurate, up-to-date, complete, and timely updated when changed. If AOD believes that any of the information you have provided is false, misleading, outdated or incomplete, including where proof of age is requested and satisfactory proof of age is not received, AOD reserves the right to terminate your access of, use of or participation in the Services, and you shall be fully liable for any loss or expense caused to AOD as a result of your access, participation or use. Additionally, your right to access, use or participate in the Services may be terminated or suspended in certain circumstances, including but not limited to where it is reasonably believed that the Services or any rewards resulting from or in connection with the Services may not be allowed in certain jurisdictions or that you have breached any terms of these Terms, including any representations and warranties, or for any or no reason as determined in AOD”s sole discretion. Without limitation of any other provision of these Terms, AOD has no responsibility or liability for any losses or other injuries resulting from any such actions taken by AOD.
2. CHANGES TO THESE TERMS & OTHER APPLICABLE TERMS
2.1 We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. It is your responsibility to check these Terms regularly before using any of our Services. Your continued use of our Services on or after the date any amendment is effective from, will be deemed your acceptance of the amended Terms.
2.2 In addition to these Terms, the use of specific aspects of the Services and/or more comprehensive or updated version of the Services may be subject to additional terms and conditions which will also apply in full force and effect. By agreeing to these Terms, you also agree to such additional terms.
3. ACCOUNT
3.1 To access and use certain of our Services you may be required to create an account with us and/or with the third party service provider (e.g. Xterio Labs) or platform operator e.g. Apple or Google (“Account”). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date.
3.2 You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. This includes the selling, buying, trading or otherwise transferring or offering to transfer your Account to anyone else. You are responsible for all activities associated with your Account and may be held responsible for damages, losses or expenses incurred by us or any other user arising out of any activity associated with your Account. You agree that we will not be responsible or liable for any damage, loss or expense, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with any unauthorised use of your Account by someone else either with or without your knowledge. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account, please notify us immediately at [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).
3.3 We may Stop your Account or permanently remove any content, Digital Assets or Virtual Items from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account includes temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Services will be either temporarily or permanently revoked by us, at our reasonable discretion. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY DIGITAL ASSETS, VIRTUAL ITEMS, IN-GAME ITEMS OR IN-GAME CURRENCY.
3.4 If we consider that: (i) these Terms have or may have been breached or may likely be breached by you; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in Section 7 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage to us, to any our Games or Services, to other players, the general public or to you, then it is in our reasonable sole discretion, that we may at any time: (i) Stop any part or all of your Accounts; (ii) restrict your access to any content-uploading or other features of our Games or Services; (iii) restrict your access to or delete Digital Assets, Virtual Items or anything you have acquired by means of Digital Assets and/or Virtual Items; and/or (iv) take any other actions as we deem appropriate. We shall not be responsible if the above-described actions result in the loss of real money by you.
3.5 If we take any of the above actions, you may, by no later than six months following the actions taken under sub-sections 3.3 and/or 3.4, submit an official request to our customer services via Email: [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio). All such requests will be dealt by us at our sole discretion acting reasonably.
3.6 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (EACH, A “RELEVANT PARTY” AND COLLECTIVELY THE “RELEVANT PARTIES”), SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES, COSTS, FINES, PENALTIES OR EXPENSES OF WHATEVER NATURE, WHETHER OR NOT REASONABLY FORESEEABLE BY THE RELEVANT PARTIES AND YOU SHALL NOT BE ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH YOUR ACCOUNT ARISING FROM: (i) THE UNAUTHORISED USE OF YOUR ACCOUNT; (ii) STOPPING OF YOUR ACCOUNT, (iii) RESTRICTION OF YOUR ACCESS TO OUR SERVICES, AND (iv) OUR TAKING, IN ACCORDANCE WITH SUB-SECTIONS 3.3 AND 3.4, OF ANY ACTIONS.
4. DELETION AND RECOVERY OF YOUR ACCOUNT
4.1 If you want to permanently delete your account you may request your account deletion at any time by contacting us at [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).
4.2 We reserve the right to reasonably decide whether to delete your Account and/or content associated with your Account, for example we may refuse such request if deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms (for example, to identify or investigate misuse of our Services); (ii) protect the safety and security of our Services and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.
4.3 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES, COSTS, FINES, PENALTIES OR EXPENSES OF WHATEVER NATURE, WHETHER OR NOT REASONABLY FORESEEABLE BY THE RELEVANT PARTIES AND YOU SHALL NOT BE ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH YOUR ACCOUNT ARISING FROM: (i) THE DELETION OF YOUR ACCOUNT; (ii) THE DELETION OF CONTENT ASSOCIATED WITH YOUR ACCOUNT; AND/OR (iii) RESTORATION OF YOUR ACCOUNT.
5. LICENSE
5.1 Our Services, Games, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (together “Content”) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use.
5.2 If you breach any of these Terms, we may immediately terminate or suspend any license to you at our sole discretion acting reasonably. You acknowledge that all intellectual property and other rights in the Content and Digital Assets are and will remain our sole property or the property of our licensors, as the case may be, and that you will have no ownership, title or other proprietary interest in and to the Content and Digital Assets other than as set out in these Terms, regardless of whether you ‘earned’ or ‘purchased’ such Content and/or Digital Assets.
6. YOUR LEGAL OBLIGATIONS AND PROMISES TO US
6.1 You confirm that:
6.1.1 all information and details provided by you are true, accurate and up-to-date;
6.1.2 the rights granted under these Terms are strictly personal to you and you must not make your Account, the Services accessible through your Account, or your password(s) to your Account available to anyone else; and
6.1.3 you will comply with the rules of conduct relating to your use of your Account, the Services, Digital Assets and/or Virtual Items as set out in Sections 7, 8 and 9 and any other restrictions set out elsewhere in these Terms.
6.2 You shall:
6.2.1 comply, at all times with any applicable laws and any request of a judicial or administrative authority, law enforcement or a government agency; and
6.2.2 not at any time engage in any acts or practice that would, directly or indirectly, contravene any anti-bribery, anti-money laundering, and counter-terrorist financing and sanctions statutes or regulations or any similar statute or regulation applicable in the relevant jurisdictions, including any policies of any judicial or administrative authority, law enforcement or a government agency implementing or enforcing the foregoing,
notwithstanding anything to the contrary in these Terms, if we believe, that you violate any of either sub-section 6.2.1 or 6.2.2, we may immediately Stop or terminate your Account and/or terminate or suspend any licence granted to you at our sole discretion.
6.3 You will indemnify and hold us (and our shareholders, affiliated companies, officers, directors, employees, contractors, partners and licensors) harmless from and against any claims, losses, fees, expenses (including fees on a solicitor and client basis), damages, liabilities and costs, resulting from (i) your use of your Account or any activity associated with your Account; (ii) your use of the Services; (iii) your breach of these Terms; (iv) your breach of any other laws and regulations; (v) your infringement of the rights of a third party; or (vi) the submission of your UGC in the Services and our use thereof. We reserve the right, at your expense, to assume the exclusive defence and control of any third party claims subject to indemnification by you, in which event you agree to cooperate with us.
6.4 If we take legal action against you for non-payment or any other breach of these Terms, and a court or arbitrator makes an award in our favour, you will be responsible for all costs allowed under the relevant forum.
7. RULES OF CONDUCT AND YOUR USE OF THE SERVICES
7.1 You acknowledge our rules of conduct and agree that in using the Services (including the creation of UGC) you will not:
7.1.1 use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms;
7.1.2 share, reproduce, distribute, publicly display or perform, translate, copy, alter, reformat, adapt, modify, adapt, excerpt (in whole or in part), create, publish, republish, lease, sublease, license, sublicense, translate, upload, post, market, import, transfer, transmit, loan, sell, offer for sale, commercialize, exploit, derivate works from, deconstruct, decode, reverse engineer, duplicate, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof, or commercial purpose without our prior written consent;
7.1.3 do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Games, without our prior written consent;
7.1.4 sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
7.1.5 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
7.1.6 use abusive, offensive, inappropriate, sensitive or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
7.1.7 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
7.1.8 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits, bots or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items and/or Digital Assets;
7.1.9 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
7.1.10 damage, disable, overburden, obstruct, or impair the functioning of the Games in any manner;
7.1.11 make improper, false or spurious reports to us;
7.1.12 use our Services to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would disadvantage or compete with our Services;
7.1.13 probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
7.1.14 improperly use in-game support or complaint buttons or make false reports to us;
7.1.15 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;
7.1.16 use any automated means or interface not authorized by us to access the Games or otherwise interfere with or modify the rendering of the Games or functionality;
7.1.17 sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction;
7.1.18 apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
7.1.19 take advantage of the price differential of in-game currency or Virtual Items to make profit by buying and/or selling in-game currency and/or Virtual Items from/in different geographic territories;
7.1.20 exploit the Services, for any commercial purpose, including without limitation (a) gathering Virtual Items, in-game currency, or other in-game resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-levelling;
7.1.21 use the Services for political, deceptive, harmful, prejudicial, discriminatory, illegal, violent, offensive, obscene, objectionable, racial, religious or otherwise inappropriate reasons; and
7.1.22 infringing other third parties’ rights, engage in acts that would possibly infringe other third parties’ rights, or promote, encourage or help others to infringe other third parties’ rights, including but not limited to intellectual property rights; and
7.1.23 collect personal information of third parties by fraudulent means through the Game.
7.2 To the extent the Services functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using the Services, particularly not in any chat rooms or forums.
7.3 We reserve the right to access, monitor and/or record any online activities within our Services and by acceptance of these Terms you give us your express consent to access and record your activities.
7.4 Any breach of the above rules of conduct shall be determined by us at our sole discretion.
8. USER GENERATED CONTENT (UGC)
8.1 User Generated Content (“UGC”) means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may also include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.
8.2 You agree, that by submitting any form of UGC, you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, exhibit, reproduce, disclose, alter, modify, copy, translate, create derivative works of, publicly perform, publicly display, reformat, translate, lease, sublease, license, sublicense, upload, post, transfer, transmit, loan, adapt, reformat, excerpt (in whole or in part), publish, republish, sell, offer for sale, import, make derivative works based upon, market, promote, commercialize, distribute and otherwise exploit such UGC for any purpose including making available of such UGC to any third parties, provided that we may not use UGC in violation of the Privacy Policy. You agree to waive any moral rights and economic rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Further, you warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that submission in no way breaches the rights of any other person or entity.
8.3 We, or third parties engaged by us, may monitor and/or moderate any UGC but we do not warrant the accuracy, quality, or integrity of any UGC posted via the Games or any part of the Services. By using our Services you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we warrant its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio). We will review the report and may, at our sole discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or Stopping their Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
8.4 We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
8.5 You agree not to upload or transmit via the Services any UGC that is prohibited by applicable law or which is otherwise inappropriate, including but not limited to the following:
8.5.1 hate speech, promotion of cults, and discrimination against any religion and fascist symbols;
8.5.2 child inappropriate content, including sexual exploitation and abuse content, paedophilia content, infant/adolescent exposure, avatars involving minors’ misbehaviour and vulgarity, and children’s cults;
8.5.3 pornographic content including words or pictures representing sexual behaviour, nudity, pictures representing the content of prostitution, and sex properties;
8.5.4 words or pictures of propaganda of terrorist and extremist organisations including its symbols;
8.5.5 content involving, relating to or in connection with, the trafficking in drugs and illegal use or consumption of drugs;
8.5.6 content designed to harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion; content relating to the organisation or participation in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or which encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;
8.5.7 insulting, inappropriate and/or defamatory content, including but not limited to content containing language intended to encourage self-harm or suicide;
8.5.8 other content prohibited by law including content and activities such as unlawful non-consensual sharing of private images, pictures that contain icons, logos, and names of other competing gaming platforms, selling of human body parts, pictures that contain information such as QR codes, pictures involving phone numbers, addresses, website links, and other contact information;
8.5.9 content which is harmful, hateful, illegal, unlawful, defamatory, discriminatory (such as without limitation, discriminating another based on race, gender, sexuality, religion, nationality, disability or age), abusive, slanderous, tortious, disparaging, violent, distressing, offensive, unethical, libelous, profane, vulgar, obscene, sexually explicit, pornographic, indecent, objectionable, incites racial or religious tension, or is otherwise inappropriate;
8.5.10 content which contains sensitive, deceptive, biased, provocative or controversial content, including without limitation, any content which contains, advocates or promotes hatred, prejudice, discrimination, bigotry, harm, whether in relation to race, religion, gender, culture, country, region, sexual orientation, identity, politics or otherwise;
8.5.11 content which is deliberately designed to provoke or antagonize another or is bullying or trolling another;
8.5.12 content which may harass, intimidate, threaten, harm, hurt, scare, distress, embarrass or upset another;
8.5.13 content which facilitates, promotes, incites or glorifies violence or terrorism / extremism;
8.5.14 content which exploits, harms, attempts to exploit or harm, or has the ability to exploit or harm, minors, or exposes, attempts to expose, or has the ability to expose, minors to such exploitative or harmful content;
8.5.15 content which is designed to specifically appeal to or present a persona of any person under the age of 18;
8.5.16 content which constitute, encourage or provide instructions for a criminal offence;
8.5.17 content which impersonates or is designed to impersonate a celebrity, public figure or a real person;
8.5.18 content which contains (i) any creative material of third parties; (ii) any depictions of or references to real people, locations, buildings and proprietary assets; (iii) any logos, trademarks, slogans, or other reference to any brand, business or entity, whether currently existing or defunct; or (iv) any other content that infringes, misappropriates or otherwise violates the intellectual property rights, proprietary rights, property rights and legal rights of any other person or entity (including without limitation, portrait rights or moral rights);
8.5.19 content which contains any viruses, worms, Trojan horses, or other malicious code or material;
8.5.20 content which contains any personal data (including without limitation, any biometric data); and
8.5.21 content which violates any applicable laws or regulations or third party rights, or causes us or our affiliates or partners to violate any laws or regulations or third party rights.
8.6 You further acknowledge and agree not to (i) generate a Digital Asset and/or Virtual Item in a manner not then permitted by us as may be set out in these Terms; and (ii)use your Digital Assets and/or Virtual Items in any manner not then permitted by us as may be set out in these Terms or communicated through official channels.
9. DIGITAL ASSETS AND VIRTUAL ITEMS
9.1 The Services may enable users to use or interact with smart contracts on blockchains involving digital assets which we have created, such as non-fungible tokens and fungible tokens (“Digital Assets”), as well as other digital assets. These Digital Assets and such other digital assets can be visualized via the Services and may also potentially be capable of interaction with or through third-party services.
9.2 All transactions regarding Digital Assets are managed and confirmed on blockchains. You understand that your blockchain public address (“Wallet”) may be made publicly visible whenever you engage in a transaction. We reserve the right to migrate the Digital Assets to any blockchain and/or token standard should we determine that doing so is necessary for the provision of the Services and/or for the Digital Assets. Notwithstanding any other provision of this Agreement, each of the Relevant Parties shall not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by each of the Relevant Parties, which you may suffer, sustain or incur, arising out of or relating to such migration of the Digital Assets.
9.3 When you acquire Digital Assets, whether through the Services or otherwise, except where we explicitly state otherwise, we only grant you a personal, limited, non-sublicensable, revocable licence and right to use and access the Digital Assets, for your own personal and non-commercial use. Such licence may be transferrable, but only to the extent permitted by us, in our sole discretion, from time to time. We may change characteristics of the Digital Assets, including their associated visualizations, and to allow for transfers (or not) and any available functionality may be added or removed, from time to time. We may also disable, deactivate or destroy any Digital Assets from time to time, at our reasonable discretion.
9.4 ANY INFORMATION PROVIDED BY OR ON BEHALF OF US ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.
9.5 “Virtual Items” means the rights that we license to you to access or use certain features that are made available in our Services. Examples may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual in-game assets, in-game achievements, and virtual in-game points, coins and currencies. When you sign up or pay for Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to access the selected Virtual Items. Virtual Items have no monetary value and no other value outside of our Services. You cannot sell, trade or transfer your Virtual Items, or exchange them for cash other than as set out in the Terms or as may be permitted by us from time to time. Any payment you make for access to Virtual Items is non-refundable unless otherwise stated by applicable laws or at our sole discretion.
9.6 We may allow for the purchase and/or exchange of Virtual Items through the sale and/or exchange of Digital Assets or such other digital assets. If so, and where we permit the sale and/or exchange of Digital Assets or such other digital assets for such purpose, you shall transfer the relevant Digital Assets or such other digital assets to our wallet address (through the Services, if available, or otherwise), and you shall cease to have any rights over such sold and/or exchanged Digital Assets and other digital assets (including but not limited to the rights licensed under sub-section 9.3 (of these Terms of Service) for Digital Assets) at the conclusion of the purchase and/or exchange of the Virtual Items. For the avoidance of doubt, notwithstanding any statements or communications to the contrary (whether made through social media platforms, including but not limited to Discord, Telegram or X, or otherwise), AOD reserves the sole discretion to determine whether, when, and how Virtual Items may be purchased and/or exchanged using Digital Assets or such other digital assets. You represent, warrant and agree that you have not taken, and will not take, any action (or refrain from taking any action) in expectation of, or in reliance upon, the availability, continuity, or specific terms or features of such a purchase / exchange mechanism. AOD disclaims all liability for any loss, damages, or claims arising from or related to any restriction, suspension, modification, or discontinuation of such purchase / exchange mechanism, including without limitation, the inability to acquire the Virtual Items through the sale and/or exchange of Digital Assets or such other digital assets. Any nomenclature used by AOD (whether in these Terms or any other terms, or on websites, social media accounts or other platforms, or in other communications, or within our Games) to refer to the sale and/or exchange of Digital Assets or such other digital assets for Virtual Items (including without limitation the words ‘withdraw’, ‘deposit’ and ‘redeem’) shall not be construed as granting you a right to make such purchases / exchanges. Any decision to allow the purchase and/or exchange is at the sole discretion of AOD.
9.7 We may allow for the purchase and/or exchange of Digital Assets, or the licenses for Digital Assets (as may be applicable), or such other digital assets, through the sale and/or exchange of Virtual Items. If so, and where we permit the sale and/or exchange of Virtual Items for such purpose, you shall cease to have any rights (including but not limited to the rights licensed under section 9.5) over such sold and/or exchanged Virtual Items at the conclusion of the purchase of the Digital Assets or the licenses for Digital Assets, or such other digital assets. For the avoidance of doubt, notwithstanding any statements or communications to the contrary (whether made through social media platforms, including but not limited to Discord, Telegram or X, or otherwise), AOD reserves the sole discretion to determine whether, when, and how the Digital Assets or licenses for Digital Assets, or such other digital assets, may be purchased and/or exchanged using Virtual Items. You represent, warrant and agree that you have not taken, and will not take, any action (or refrain from taking any action) in expectation of, or in reliance upon, the availability, continuity, or specific terms or features of such a purchase mechanism. AOD disclaims all liability for any loss, damages, or claims arising from or related to any restriction, suspension, modification, or discontinuation of such purchase mechanism, including without limitation, the inability to acquire the Digital Assets or licenses for Digital Assets, or such other digital assets, through the sale and/or exchange of Virtual Items. Any nomenclature used by AOD (whether in these Terms or any other terms, or on websites, social media accounts or other platforms, or in other communications, or within our Games) to refer to the sale and/or exchange of Virtual Items for the Digital Assets or licenses for Digital Assets, or such other digital assets (including without limitation the words ‘withdraw’, ‘deposit’ and ‘redeem’) shall not be construed as granting you a right to make such purchases / exchanges. Any decision to allow the purchase and/or exchange is at the sole discretion of AOD.
9.8 We may, in our absolute discretion for any reason or no reason, reject or cancel any purchase request, including where we in our absolute discretion determine:
9.8.1 the purchase / exchange request to be associated with unusual, illegal or illicit activities, circumstances or transactions; or
9.8.2 the acceptance of the purchase / exchange request will or may cause us to be in breach of any applicable laws and regulatory requirements.
9.9 You are responsible for implementing all reasonable and appropriate measures for securing your Wallet and any other wallet, vault or other storage mechanism you use to receive and hold the Digital Assets, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Digital Assets. Without prejudice to any other provision, each of the Relevant Parties shall not be responsible or liable for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with: (i) your failure to implement reasonable measures to secure the wallet, vault or other storage mechanism you use to receive and hold the Digital Assets or the relevant access credentials; or (ii) the loss of or unauthorized use of any of your access credentials relevant for the foregoing.
9.10 We may enter into promotions and/or activities in conjunction with business partners in relation to Virtual Items and/or Digital Assets from time to time. When you participate in such promotion and/or activity, you may have to agree to additional restrictions in respect of your rights over your Virtual Items and/or Digital Assets.
10. PURCHASE AND PAYMENT POLICY
10.1 We aim to ensure that the pricing of our Services (including Digital Assets, Virtual Items, Games and any other goods and services available via third-party stores or on our store) are correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We also reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted. Where applicable law requires, we will charge applicable value-added or sales taxes on purchases, and you agree to provide the information required to determine the relevant tax rates.
10.2 Payment methods accepted by us are as per those payment methods provided on our store site and by the third-party platform providers such as Apple and Google within our Games at the point of sale.
10.3 We may cancel a payment and make a chargeback to you, including any transaction fees incurred, if any, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
10.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. Where credit and/or charge card payment is offered to you as a payment method, if the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
10.5 It is your own responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove any payment methods in relation to our Services at our sole discretion and without prior notice to you.
10.6 Each blockchain may require the payment of transaction fee (a “Gas Fee”) for every transaction that occurs on such blockchain, such Gas Fee to be based on the structure and composition of such blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable blockchain, and we shall have no liability to you in connection with the same.
10.7 In addition to the Gas Fee, each time you use a smart contract to conduct a transaction via the Services, you authorize us to collect a commission based on the rules that may be set out in relation to such Service (each, a "Commission"). You acknowledge and agree that the Commission will be transferred directly to us through the blockchain as a part of the applicable transaction.
10.8 All orders are subject to acceptance by us and availability of the Services. If your order cannot be processed successfully, you will be notified of the reason and receive an explanation, if possible. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order merely constitutes an offer to us to purchase the Services. All orders are subject to acceptance by us. When we make the Services available to you e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).
11. CANCELLATION AND REFUND POLICY
11.1 All purchases of the licenses to the Services, Games, Digital Assets, Virtual Items or other digital content are final and non-refundable except where required under applicable law.
12. AVAILABILITY AND FUNCTIONALITY
12.1 We reserve the right to limit the amount of Virtual Items, Digital Assets, licenses for Digital Assets, and such other digital assets you can purchase from us in a given period. Virtual Items, Digital Assets, licenses for Digital Assets, and such other digital assets may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items, Digital Assets, licenses for Digital Assets, and such other digital assets may only be purchased from us or our permitted representatives through the Games or otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items, Digital Assets, licenses for Digital Assets, and such other digital assets for any reason.
12.2 We will use reasonable endeavours to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may occasionally have to suspend operations of certain Services, with notice whenever reasonably possible, for repair, maintenance, improvement, security or any other reason, provided that we will use commercially reasonable efforts to make any such suspension or interruption period as short as possible. We will not be responsible or held liable for any suspensions, interruptions or errors caused by external forces or circumstances outside our reasonable control.
12.3 We do not warrant that our Games or any part of our Services will be compatible with or capable of being accessed on all devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We will not be responsible or held liable for any such equipment, software or services. We do not warrant that our Services can be accessed in all geographic locations.
12.4 We do not warrant the ongoing supply of any Games or Services or that content will be available at all times, in all locations, or at any given time or that we will continue to offer such Games, Services and content for a particular length of time.
13. UPDATES
13.1 You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonably necessary and/or beneficial to our business, operations or to you. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
14. INTELLECTUAL PROPERTY
14.1 You acknowledge that all intellectual property rights in the Services, Games, Digital Assets and Virtual Items and all content appearing within the Services, Games, Digital Assets and Virtual Items belongs to us, our licensors or affiliates and that such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games, Digital Assets and Virtual Items or any other part of them other than the right to use the Services, Games, Digital Assets and Virtual Items under the terms of this licence.
14.2 Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any of our intellectual property in the Services, Games, Digital Assets and Virtual Items other than as expressly permitted in these Terms.
14.3 We reserve the right to stop offering you any of our Games and/or Services at any time either permanently or temporarily, at which point any license previously granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account will no longer be available and be Stopped. Prior to stopping the availability of any of our Games and/or Services, we may in our sole discretion notify you before such Games and Services become unavailable. Notification may be given via our websites, official social media accounts, official social media channels, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required otherwise by law.
14.4 Each Digital Asset may embody or include certain artwork owned or created by us (the “Artwork”). You acknowledge and agree that we and/or our respective licensors own all legal rights, title and interest in and to the Artwork, and all intellectual property rights therein. Digital Assets may also embody or include one or more registered or unregistered intellectual property owned by us and/or our licensors (together with the Artwork, the “Image IP”). The Image IP is neither stored nor embedded in the Digital Assets but is accessible through the Digital Assets. The Image IP therein is licensed pursuant to sub-section 14.5, and is not transferred or sold to you. The rights that you have in and to the Image IP are limited to those expressly set forth in sub-section 14.5.
14.5 We hereby grant you a non-exclusive, limited, revocable, royalty-free, worldwide right and license (with no right to sub-license) to display and/or use the Image IP with the Digital Asset solely for personal, non-commercial use. This license to display and/or use the Image IP with the Digital Asset is automatically and always transferred with the respective Digital Asset, otherwise, the license to display and/or use the Image IP is non-transferable. Upon such transfer of the Digital Asset, the license granted to you is immediately terminated without notice, and you shall have no further rights in or to the Image IP.
14.6 The foregoing license in sub-section 14.5 shall automatically terminate if you breach this Section 14 or if you engage in any unlawful activity involving the Digital Asset. Furthermore, upon such termination of the license, we shall have the right to disable your access to the Image IP and/or deny him or her access to the Services and/or any benefits associated with the Digital Asset.
15. SUSPENSION AND TERMINATION
15.1 We may suspend, restrict or terminate your access and/or use to the Games, Digital Assets, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
15.1.1 you breach, or are believed or reasonably suspected to have breached, any of the restrictions or provisions in these Terms;
15.1.2 for reasons of a system failure, external attack, malfunction, internal system vulnerability, system flaw, system upgrade, maintenance or repair or due to events beyond our reasonable control; and/or
15.1.3 we decide to withdraw the Game(s), Digital Assets, Virtual Items and/or any other part of the Services from the market for any reason at our sole discretion.
15.2 We may in our sole discretion give you an initial warning and notice prior to terminating or deleting your access to our Games, Digital Assets, Virtual Items and/or any other Services. If you have seriously or repeatedly breached our Terms or have been issued with previous warnings, are in violation of the applicable laws and regulations, or have engaged in conduct or activity which is inappropriate or harmful or risky to our Games or Services or to other players, we have the sole discretion to move directly to terminating the contract with you under these Terms and your license to access our Games, Digital Assets, Virtual Items and/or any other part of the Services. Under such circumstances, in our sole discretion, we may decide to subsequently notify you, by email or within the app, website or channel or otherwise as appropriate subject to Section 22 of these Terms of Service. Upon termination the rights and licence granted herein will be terminated and you shall cease all use of the applicable Games, Digital Assets, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Digital Assets, Virtual Items and/or any other part of the Services from the market, we’ll strive to notify you in advance prior to withdrawing access by email or within the app, or through any of our official websites or social media accounts or channels or as appropriate subject to Section 22. You agree that we shall not be held liable for not providing any warning or notification to you.
15.3 You understand and agree that upon your request to terminate your account or our final decision to terminate your account, you will not receive any compensation or reimbursement for any Games, Digital Assets, Virtual Items and/or Services for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
16. THIRD PARTY CONTENT
16.1 Our Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not liable or responsible for their content or for their collection, use or disclosure of your personal information.
16.2 We may use certain third-party services in connection with our Services. Additionally, you may be required to utilize third party products or services (e.g., a third-party provided wallet, network, or blockchain) that AOD does not control and/or is not affiliated with in connection with your access of, use of or participation in our Services. To the extent permitted by applicable law and except as otherwise expressly agreed by AOD in writing, AOD is not responsible for their product or services or any underlying logic, decisioning or code underlying the provision of their products or services used in connection with the Services. You acknowledge and agree that AOD is not liable, and you shall not seek to hold AOD liable, for such third-party products and services, including without limitation your inability to access or participate in, or a delay in accessing or participating in, the Services in the event that such third party products and services are unavailable or if they fail for any reason. You are solely responsible and liable for your access to and use of such third party products and services.
17. DISCLAIMERS AND LIMITS ON LIABILITY
17.1 OUR SERVICES AND ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, VIRUSES OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES, OR THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES AT ALL. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT: (I) THE ACCURACY, TIMELINESS, ADEQUACY OR COMPLETENESS OF THE INFORMATION, SERVICES AND/OR FUNCTIONS, INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES; (II) THAT YOUR USE OF AND/OR ACCESS TO OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR OMISSIONS OR THAT ANY IDENTIFIED DEFECT WILL BE CORRECTED; (III) THAT OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS (INCLUDING REQUIREMENTS THAT OUR SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES) OR ARE FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; AND (IV) THAT USE OF OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES BY YOU WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
17.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE RELEVANT PARTIES’ TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE) THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE SERVICES, ACTUALLY PAID BY YOU TO US FOR THE PRECEDING TWELVE (12) MONTHS FROM THE DATE OF THE FIRST CAUSE OF ACTION ARISING, OR WHERE NO FEES RELATING TO THE SERVICES HAVE BEEN PAID BY YOU TO US FOR THE PRECEDING TWELVE (12) MONTHS FROM THE DATE OF THE FIRST CAUSE OF ACTION ARISING, SHALL NOT EXCEED (IN AGGREGATE) USD 100. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT EACH OF THE RELEVANT PARTIES’ LIABILITY FOR ANY LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED OR LIMITED.
17.3 YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY.
17.4 YOU HEREBY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEVANT PARTIES FROM, AND HEREBY WAIVE AND RELIQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS). IN CONNECTION WITH THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY WAIVE ANY LAWS WHICH STATE GENERAL RELEASES DO NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF THE RELEASE.
18. SPECIFIC RISKS ASSOCIATED WITH THE SERVICES
18.1 Distributed-Ledger Network Risk. You warrant that you accept the risk of distributed-ledger networks and protocols, including instability, congestion, high transaction costs, information insecurity, regulatory risk, and technological and operational error. You understand these risks may result in delay or failure to process transactions and potentially high transaction fees or third party fees. You acknowledge that we are not responsible for any diminished Services, related features, or capabilities resulting from distributed-ledger network risks. In the event of a material increase or decrease to transaction fees, third party fees, or operational degradation, congestion, failure or other disruption of the underlying distributed-ledger network, we may, at our sole discretion, make any adjustments to the Services.
18.2 Distributed-Ledger Network Modification Risk. You warrant that you are familiar with and accept the risks associated with distributed-ledger network development and code changes. Distributed-ledger technologies are still under development and may undergo significant changes over time. Distributed-ledger network contributors may make changes to features and specifications of the consensus algorithm or other parts, and may fork the distributed-ledger network protocol. Such changes may include or result in the elimination or support for specific algorithms and applications.
18.3 Game Tokens. Game tokens are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency. Moreover, Game tokens are not insured against theft or loss by any insurance corporation or any investor protection.
18.4 Market Risk. The value of digital assets are derived from supply and demand in the global marketplace, which can rise or fall independent of any government currency. Holding digital assets carries exchange rate and other types of risk. The value of digital assets may be derived from the continued willingness of market participants to exchange traditional government currency for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market disappear. The volatility and unpredictability of the price and value of digital assets, relative to government currency, may result in significant loss over a short period of time. We do not warrant the value of Digital Assets or any other digital assets, and explicitly warn you that there is no reason to believe that any of the foregoing will increase in value, and that they may hold no value, decrease in value, or entirely lose value. We do not make any endorsement or recommendation of the value or price of the Digital Assets or any other digital asset and no information provided by us is or should be taken as investment advice or an inducement or solicitation to invest in the Digital Assets or any other digital asset, issuer or otherwise.
18.5 Regulatory Risk. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital assets. The regulatory status of digital assets (including for the avoidance of doubt, cryptographic tokens) and distributed-ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect digital assets, distributed-ledger technology and its applications. Such changes could negatively impact the Services in various ways, including, for example, through a determination that any of the above are regulated financial instruments that require registration. We may cease any distribution of any of the above (including the Digital Assets), or cease operations in a jurisdiction in the event that governmental actions make it unlawful or commercially undesirable to continue to do so. The industry in which we operate is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that governmental, quasi- governmental, regulatory or other similar types of (including banking) authorities will not examine our operations or pursue enforcement actions against us. Such governmental activities may or may not be the result of targeting us in particular. All of this may subject us to judgments, settlements, fines or penalties, or cause us to restructure our operations and activities or to cease offering certain products or services, all of which could harm our reputation or lead to higher operational costs, which may in turn have a material adverse effect on the Services.
18.6 Fraud Risk. Transactions relating to digital assets are irreversible and losses due to fraudulent or accidental transactions may not be recoverable. Blockchain transactions are deemed to be made when recorded on a public ledger, which may not necessarily be the date or time the user initiated the transaction. The nature of such blockchain transactions may lead to an increased risk of fraud or cyber-attacks.
18.7 Technology Risk. There are risks associated with using Internet and blockchain-based products, such as the Digital Assets, Virtual Items and cryptocurrencies and other digital assets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You acknowledge that transactions on blockchains are susceptible to mining attacks, including double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks and any successful attacks present a risk to the Services, Virtual Items, Digital Assets, other digital assets, and Service Rewards, including proper execution and sequencing of transactions involving the Virtual Items, Digital Assets, other digital assets, or Service Rewards. Malicious individuals or organizations may also target you and attempt to steal any Digital Assets, other digital assets, Virtual Items and/or Service Rewards you may hold or claim any Digital Assets, other digital assets, and/or Virtual Items that you may have purchased, and you are solely responsible for protecting yourself against such actions. You further accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the internet and/or blockchains, however caused.
18.8 AI Risk. The use of artificial intelligence is still a new and rapidly evolving area and is fraught with risks, including without limitation, risks relating to hallucinations, misinformation, privacy and security, as well as harmful and unintended outputs. In addition, the development of artificial intelligence is subject to a variety of factors that are difficult to evaluate. Please use our Services discerningly. You accept and acknowledge that to the maximum extent permitted under applicable law, we will not be responsible for the materialisation of any risks associated with your use of artificial intelligence when accessing our Services, as well as any consequences arising as a result thereof.
18.9 Additional Risks. The Digital Assets and other relevant digital assets may have no value. Additionally, claiming / receiving Digital Assets and other relevant digital assets, and using, transacting in, holding, purchasing or selling Digital Assets and other relevant digital assets involve a high degree of risk, which may or may not be foreseeable. You must carefully review, acknowledge, understand and assume both the foregoing and the following risks, as well as all other risks associated with the Services, Digital Assets, and other relevant digital assets (including those not discussed herein). Risks could render the Digital Assets and other relevant digital assets worthless or of little value. It is your sole responsibility to seek appropriate professional, legal, accounting, investment, tax and other advice in respect of the Services, the Digital Assets and other relevant digital assets prior to accessing or using the Services (which include claiming / receiving Digital Assets or other relevant digital assets through the Services), and using, transacting in, holding, purchasing or selling the Digital Assets or other relevant digital assets.
The regulatory regime governing digital assets, distributed-ledger technologies, cryptocurrencies, tokens, non-fungible tokens and other crypto-based items and collectibles is uncertain, may be constantly changing and is largely untested, and new laws, regulations or policies may adversely affect the Services, as well as your access or use of the Services and digital assets (including Digital Assets), including without limitation the transferability, value and utility of digital assets (including Digital Assets). No assurances can be provided that the laws, regulations and policies (whether currently existing or as amended, promulgated or enacted from time to time) will not have any adverse impact on the Services and digital assets (including the Digital Assets), including without limitation, the price and liquidity of the Digital Assets. It is not possible to predict when changes to the laws, regulations and policies would occur and if they do, how they would affect the Services and digital assets (including the Digital Assets). AOD may have to prohibit or restrict access to the Services and/or Digital Assets (whether based on citizenship, country of residence, location from which a user is accessing or using the Services from, or otherwise), or make access to or use of the Services and/or Digital Assets conditional upon additional requirements, or remove or modify certain aspects of the Services and/or Digital Assets, in the event the current arrangements are commercially unsustainable or undesirable or legally prohibited.
As distributed-ledger networks and digital assets have grown in popularity and in market size, national and state regulators have begun to take interest in, and in some cases, regulate, their use and operation. In particular, no assurances can be provided that the digital assets (including Digital Assets) will not be considered as a security or financial instrument under any applicable law or regulation, whether now or in the future. In the event the relevant digital assets (including Digital Assets) are deemed to be a security or regulated financial instrument under applicable law, this could have significant implications, including the imposition of regulatory obligations on AOD, its affiliates, and holders of the relevant digital assets or Digital Assets, and such implications may result in the operations of AOD or the Digital Assets being legally prohibited, negatively impacted or not viable.
The Services or digital assets (including the Digital Assets) may be exploited by third party bad actors to facilitate illegal, unlawful, unethical or harmful activity, including without limitation, scams, money laundering and tax or regulatory evasion. Where the Services or relevant digital assets (including Digital Assets) end up being misused by such third party bad actors, this could have a material adverse effect on the Services or the Digital Assets. Any legal or regulatory repercussions could also negatively impact the Services or the Digital Assets.
The success of new ecosystems and decentralized autonomous organizations strongly depends on the engagement of users. There can be no assurance or guarantee that there will be sufficient and sustainable interest in or participation in the elements or use of the Digital Assets or the Services which AOD offer.
The personal tax treatment of Digital Assets and other rewards received or redeemed through the Services (“Service Rewards”) as well as the access and use of the Services is uncertain and there may be adverse tax consequences (whether present or in the future) for users who access or use the Services (which include the claim and/or receipt of Digital Assets or Service Rewards through the Services), or who use, transact in, hold, purchase or sell the Digital Assets or Service Rewards. You agree and acknowledge that (a) you are solely responsible and liable for determining what, if any, taxes apply to your access and use of the Services, as well as your claim, receipt, use, transaction, holding, purchase and sale of the Digital Assets and Service Rewards, and to withhold, collect, report and remit the correct amount of taxes to the appropriate authorities; and (b) you should consult a tax advisor with respect to the tax treatment of the Services, Digital Assets and Service Rewards, including all related transactions, in your jurisdiction, before deciding whether to access or use the Services or undertake any of the aforementioned actions in relation to the Digital Assets or Service Rewards, or any other related transactions.
The further development and acceptance of distributed-ledger networks, which are part of a new and rapidly changing industry, are subject to a variety of factors that are difficult to evaluate.
Services may use emerging technologies, such as blockchains. Any malfunction, flaws, breakdown or abandonment of such emerging technologies may have a material adverse effect on the Services and/or Digital Assets. Some Services are subject to increased risk through your potential misuse of technologies such as public/private key cryptography. By playing, using and accessing the Services, you explicitly acknowledge and accept these increased risks.
The distributed-ledger network underlying the Services may use a decentralized governance system (“Governance System”). For these reasons, it is possible that the Governance System with respect to such distributed-ledger network adopts proposals that have an adverse effect on the useful functioning of the Services and/or the value of the Digital Assets. If a Governance System is attacked, or becomes controlled either directly or indirectly by some party who makes unwise decisions, or the community generally makes unwise decisions, the value of the Digital Assets might be greatly reduced or even completely lost.
Distributed-ledger networks use different consensus mechanisms such as proof of work or proof of stake, or delegated proof of stake, each of which is subject to specific risks, such as malicious unilateral actions or double spending and 51% attacks. Any successful attacks in respect of the Digital Assets or Service Rewards present a risk to the system in which the Digital Assets or Service Rewards are used, to the expected proper execution and sequencing of transactions involving the Digital Assets and Service Rewards, and to the expected proper execution and sequencing of software computations, including loss of your Digital Assets or Service Rewards.
Any failure, malfunction, interruption, virus, bug, code, error, defect, vulnerability, or flaw in relation to or affecting the Services, access or use of the Services, the Digital Assets or Service Rewards, the operations of AOD, or any other technology associated with the foregoing, including without limitation external cyber-attacks, unauthorized access or activities by third parties, or internal vulnerabilities, defects and flaws in programming or source code, could result in the loss or compromise of digital assets (including Digital Assets) and Service Rewards, or adversely impact AOD’s Services, or the Digital Assets or Service Rewards, including (without limitation) a loss of private data, the interruption of Services for an indeterminate period of time, or unauthorized transactions being carried out. Additionally, any actual, alleged, perceived or rumoured attack or security breach, whether of blockchain networks or companies operating in the crypto space in general or of AOD, could lead to a loss of confidence in the crypto market in general or in AOD, which could adversely impact the Services, the Digital Assets or the Service Rewards.
A temporary or permanent “fork” of a distributed-ledger network could adversely affect the use and value of the Digital Assets.
The prices of digital assets are extremely volatile and may significantly fluctuate at any given moment for any reason, even becoming worthless. Due to these price fluctuations, you may gain or lose value in your digital assets (including Digital Assets) at any given moment, and the fluctuations in the price of other digital assets could materially and adversely affect the value of your digital assets (including Digital Assets), which may also be subject to significant price volatility. We cannot guarantee that any holders of digital assets (including Digital Assets) will not lose money.
The Digital Assets are not legal tender, they may not be backed by any physical assets and may not be backed, guaranteed, or supported by any government or centralized authority. Digital Assets may not have intrinsic value, and their circulation may be limited and restricted.
Digital assets are generally considered a high-risk asset class and may or may not be considered securities under certain jurisdictions. You must therefore exercise prudent judgment when trading Digital Assets.
The nature of digital assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features. You represent and warrant that you have done sufficient research prior to making any transactions or otherwise interacting with any Services or Digital Assets.
During your use of the Services, you may be subject to various fees that may or may not arise directly from us, including fees that arise from any action that you take on the blockchain, whether a successful transaction occurs. These fees are final and irreversible. Prior to making any transactions, you must fully understand all commissions, fees, and costs for which you may be liable. If any of these fees are not clear to you, you must request clarification of what fees will be applicable in specific monetary terms prior to using the relevant Service or entering any transactions.
There are risks associated with smart contracts and digital wallets, including without limitation the following:
Third-parties could hack digital wallet providers resulting in the loss of digital assets (including Digital Assets);
Smart contracts may contain software weaknesses or bugs;
If your crypto-wallet credentials are lost or stolen or your crypto-wallet gets hacked, your digital assets (including Digital Assets) will be unrecoverable and will be permanently lost;
AOD and its affiliates cannot recover any stolen or lost digital assets (including Digital Assets);
Incorrectly transferred digital assets (including Digital Assets) may be irretrievable;
Third parties may hack the Services, any transactions relating to the digital assets (including the Digital Assets) or the Service Rewards, your crypto-wallet or the smart contracts, and digital assets (including Digital Assets) and Service Rewards may be lost; and
There could be problems with the distributed-ledger protocol on which the digital assets (including Digital Assets) are built.
We do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public blockchains that you interact with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain.
We are not responsible for losses or casualties due to developers' or representatives' delay or failure to report any issues with any blockchain supporting the Services, relevant digital assets (including Digital Assets), Virtual Items and/or Service Rewards, including without limitation, forks, technical node issues, or any other issues that result in losses of any sort.
Digital assets are inherently subject to the risk of cybercrime.
Smart contracts interacting with distributed-ledger networks are new and largely unregulated and may therefore be subject to fraud and failures.
It may be illegal now, or in the future, to acquire, own, hold, sell or use digital assets (including cryptocurrencies) and the Service Rewards (where applicable), participate in distributed-ledger networks or utilize similar assets or technology in one or more countries.
If you provide us an address to receive digital assets (including Digital Assets) and/or Service Rewards through the Services that is from an exchange or that you do not control, such digital assets (including Digital Assets) and/or Service Rewards will be allocated by AOD to such address; therefore, you may never receive or be able to recover such digital assets (including Digital Assets) and/or Service Rewards.
Cryptographic tokens and smart contracts interacting with distributed-ledger networks are new and untested technology. In addition to the risks highlighted above, there are other risks associated with the Services, your access and use of the Services, and the claim, receipt, use, transaction, holding, purchase or sale of relevant digital assets (including Digital Assets) or Service Rewards as well as interaction with and use of the Services, including those that we cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this clause or other risks.
18.10 This Section 18 sets out a non-exhaustive list of some of the risks of the Services. Before accessing or using any of the Services, you must carefully review, acknowledge, understand and assume these risks as well as all other risks associated with the Services, your access and use of the Services, and the claim, receipt, use, transaction, holding, purchase or sale of digital assets (including Digital Assets) or Service Rewards as well as interaction with and use of the Services, including those that we cannot anticipate or not discussed herein. You accept that these risks are yours to bear alone.
19. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
19.1 If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in these Terms or if you have any other questions or comments in relation to our Games, Digital Assets, Virtual Items or other Services then you may contact us at [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1 We aim at resolving our disputes amicably and we are certain that most of your concerns can be resolved by contacting our dedicated customer service team at [email protected] or by raising a ticket via selecting ‘Age of Dino Support’ in the Xterio support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).
20.2 You and we shall first attempt to resolve any all disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us (“Disputes”) informally for at least 60 days before initiating arbitration or litigation, if any. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or Dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your email address, or billing address, if available and applicable. You may send your Notice of Dispute by notifying [email protected]. Most Disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will first be provided an opportunity to escalate the matter to the relevant responsible member of our team.
20.3 Governing Law. You agree that to the maximum extent permitted by applicable laws in your country of residency, the laws of the Republic of Singapore, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and us.
20.4 Claims Covered by Arbitration. All Disputes (except as specifically excluded in the Terms), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this Section 20 shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights.
20.5 You agree to be responsible for all your legal costs and fees incurred in relation to any Dispute between us, In addition, subject to sub-section 6.4 of these Terms of Service, you agree to be responsible for 50% of any costs of arbitration, which will apply notwithstanding the outcome of the arbitration.
20.6 Binding Arbitration. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this sub-section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.
20.7 Limitations. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
20.8 For the avoidance of doubt, nothing in this section or in any other part of these Terms shall prevent us from applying (i) to any court of competent jurisdiction; and/or (ii) concurrently in more than one court of competent jurisdiction, for any injunctive or equitable relief in respect of any intellectual property rights infringements.
20.9 Notwithstanding anything to the contrary in these Terms, we have the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or injunctions as may appear reasonably necessary to preserve our rights, provided however that, after the arbitrator is appointed, the arbitrators will have sole jurisdiction to consider applications for provisional relief, and any provisional measure ordered by the arbitrators may be specifically enforced by any court of competent jurisdiction (except that we will retain the right specified in sub section 20.8 in any event). Any such request for provisional measures submitted to the courts will not be deemed incompatible with the agreement to arbitrate or waiver of the right to arbitrate.
20.10 FOR U.S. AND CANADIAN USERS ONLY: This sub-section 20.10 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at [email protected]. If we cannot resolve your concern, you and us agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT YOU AND WE ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
20.10.1 Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in sub-section 20.10.2 (Exclusions from Arbitration). Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.
20.10.2 Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
20.10.3 Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW (the “Opt-Out Deadline”). YOU MAY OPT-OUT OF THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION BY EMAIL TO [email protected]. WITH THE SUBJECT LINE “Terms of Use – Opt-Out Notice.” YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR PLAYER ID, (2) YOUR NAME, (3) YOUR ADDRESS, (4) THE EMAIL ADDRESS ASSOCIATED WITH YOUR APPLE APP STORE OR GOOGLE PLAY ACCOUNT, IF YOU HAVE ONE, AND (5) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
In order to validly terminate the binding arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
20.10.4 Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to [email protected], with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the player ID, full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (together, the “Required Information”). If the Notice of Dispute does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then your Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible team member(s). You and us agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this sub-section.
20.10.5 Arbitration Procedure. If you and us cannot resolve a Dispute informally, subject to the exceptions in sub-section 20.10.2, you and us agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA`s Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For Claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
20.10.6 Class Action Waiver: In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS SUB-SECTION. Upon motion of one or more interested parties, and after providing all other interested parties with an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.
If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this binding arbitration agreement will not apply to you. If you opt out of this binding arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth in sub-section 20.10.3 above.
20.10.7 Jury Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
21. GENERAL
21.1 These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters.
21.2 The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns.
21.3 The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms.
21.4 AOD’s failure to enforce any provision in these Terms or to exercise any right or remedy provided under these Terms or by law or in equity will not be deemed a waiver of that or any other right, remedy or provision. If any provision, or part thereof, of these Terms is held to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining portion of the provision and the remainder of these Terms shall, to the fullest extent possible, not be affected, and any provision or part thereof found to be illegal, invalid or unenforceable shall be deemed amended in a manner so as to give effect, to the fullest extent possible whilst remaining legal, valid and enforceable, to the intentions behind such clause or part thereof.
21.5 We may assign or transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
21.6 Save for the Relevant Parties, unless explicitly provided for under these Terms, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms.
21.7 The controlling language of these Terms is the English language. If there are any conflict between translations of the English language version of these Terms and the English language version of these Terms, the English language version will control.
21.8 Our Privacy Policy https://terms.ageofdino.com/privacy-policy describes how we collect, handle, store and transfer the data you provide to us when you use our Services. You understand that the collection, processing, and use of such data by us and our affiliates (as outlined in the Privacy Policy), including the transfer of the data to other countries, is required to perform the Services. In particular, by accessing, using or participating in the Services, you expressly acknowledge and agree that your wallet addresses may be publicly or privately disclosed or shared by us at our sole discretion, including without limitation. You acknowledge and agree that your personal data may be collected, processed, stored, disclosed or otherwise used by other partner entities of our Services.
22. NOTIFICATIONS
22.1 We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as but not limited to important announcements, legal notice, enhancements, offers, products, events, and other promotions to the extent that you have voluntarily bound your device with the Game. After downloading our Games, you may, depending on the device you are using, be asked to accept or deny push notifications/alerts in respect of our other games, services and/or activities. If you deny, you will not receive such push notifications/alerts. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device.
22.2 All communications and notices made or given pursuant to these Terms must be made in the English language.
23. FORCE MAJEURE
23.1 Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, disruption or unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, and other acts of God, the change of political relationships between the countries, change of regulations in connection with games in your country of residency, etcetera. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and may continue for such time even after that event ceases to the extent necessary for us to fulfil our obligations again. For so long as such force majeure event persists, our obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months we may terminate access to the applicable Games, Digital Assets, Virtual Items or other Services immediately on service of notice to you.
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