KLAYDICE is a distributed application that is going to launch and run on the Klaytn (the "Blockchain"), using a specially-developed system called Smart Contract (the “Smart Contract”) to enable users to battle as well as own heroes with different rarities.
These assets can then be visualized on a website that the user can interact with the Site. The Smart Contract and the Site are collectively referred to in these Terms as the “App”. By using the App, users can manage their assets and use the Smart Contract to battle with other App users.
Information on the Site, the App, and the Smart Contract are not intended for distributing to or being used by any single person or entity in any jurisdiction or country where such distribution or use would be against its existing laws or regulations as well as any circumstance would subject us to any registration requirements within the territories of said jurisdiction or country. As a matter of fact, people who make their decisions to access the Site and/or the App from outside from our base country are deemed to have the understanding of doing so on their own choices and therefore are legally eligible for compliance with local laws, assuming they are applicable to them to some extent.
1. INTELLECTUAL PROPERTY COPYRIGHT
Provided that you are eligible to use the Site, the App, and the Smart Contract, you are granted limited access to and use of the Site to download or print a copy of any portion of the Content regarding personal, non-commercial uses.
2. USER REPRESENTATIONS
By using the Site, the App, and the Smart Contract, you represent yourself and agree that
(1) All registration information you submit is fully stated, true, accurate, and up-to-date
(2) You will maintain the accuracy of such given information and will be asked promptly to make updates whenever necessary
(4) You are not a part of a minority community that practices laws and regulations which have nothing in common with ours
(5) You will not access the Site, the App, and the Smart Contract using automated and non-human means, whether it is a bot, script, or anything alike
(6) You will not use the Site, the App, and the Smart Contract for committing any illegal and unauthorized purpose
(7) Your use of the Site, the App, and the Smart Contract will not violate any existing given law or regulation. If you provide any information that is untruthful, inaccurate, not up-to-date, we have the right to suspend or terminate your accounts and refuse to approve your any action regarding any current or future activities of the Site, the App, and the Smart Contract.
(8) You can only own one account attaching to one device at a time
(9) You are not on any blacklist of any organization for any reason including committing scams, fraud illegal data exploiting, using third-party software for personal benefits trying to gain access and damage our assets without our approval and everything alike. If we find out any illegal activities, we will make a prompt intervention and resolve to legal means if necessary.
3. USER REGISTRATION
You are required to register upon accessing the Site, the App, and the Smart Contract. You should have control over your password confidentiality and will be responsible for the use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine in case that such username is inappropriate or appears as irritation to other users.
4. WALLETS and DIGITAL ASSETS
KLAYDICE allows its users to access and manage Klaytn digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case.
KLAYDICE does not maintain any blockchain wallets. You hereby acknowledge and agree that KLAYDICE has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.
5. PROHIBITED ACTIVITIES
You may not access or use the Site, the App, and the Smart Contract for any purpose other than those for which we make the Site, the App, and the Smart Contract available. The Site, the App, and the Smart Contract may not be used in connection with any commercial activities if not approved by our legal teams in KLAYDICE.
Systematically retrieve data or other content from the Site, the App, and the Smart Contract to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval.
Make any unauthorized use of the Site, the App, and the Smart Contract, including collecting usernames and/or email addresses of registered users by using third-party software; creating user accounts by automated means including using bots or hiding presences by faking IP addresses.
Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
Use the Site, the App, and the Smart Contract as assets to advertise and offer to sell personal goods and services not relating to KLAYDICE.
Circumvent, disable, or otherwise interfere with security-related features of the Site, the App, and the Smart Contract, including those that prevent or restrict the act of copying Content or enforcing limitations on the use of the Site, the App, and the Smart Contract.
Trick, defraud, or mislead us and other users with any attempt to get sensitive account information such as user passwords.
Making improper use of our support services or submit false reports.
Committing acts of using automated means or AI to interfere with our assets, such as using scripts to send comments or messages, or using any data mining tools, robots, data extraction tools, and alike.
Interfering with or creating interruption on the Site, the App, the Smart Contract, the networks or services related to the product.
Attempting to impersonate another user or person using the username of another user.
Selling or transferring your game account.
Using any information obtained from the Site, the App, and the Smart Contract in order to harass, abuse, or harm another person.
Using the Site, the App, and the Smart Contract as a part of an effort to compete with us using the Site, the App, and the Smart Contract or every product-related things commercial purposes.
Deciphering, decompiling, disassembling, or interfering mechanically any of the software parts or assets of the Site, the App, and the Smart Contract.
Attempting to bypass any measures designed to prevent or restrict access to the Site, the App, and the Smart Contract.
Harassing, intimidating, or threatening our employees or agents whose jobs are to provide any portion of the Site, the App, and the Smart Contract to you directly.
Deleting logos or marks representing the copyright or other proprietary rights from our product.
Uploading or transmitting viruses, Trojan horses, or anything alike, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with our product’s intentional original works. Modifying, impairing, disrupting, altering, or interfering with the intentional original uses, features, functions, operations, or acts of maintenance of the Site, the App, and the Smart Contract.
All types of activities, all forms of action which pose as a law and regulation violation.
You should have a full understanding and an agreement that any question, comment, suggestion, idea, feedback or other forms of information regarding using the Site, the App and the Smart Contract (“Submissions") provided by you to us are non-confidential and should eventually become our properties. We are eligible for the unrestricted use and of these Submissions to any lawful purposes, commercial activities without notifying you of our acknowledgment or compensation. You also should be aware of the discretion of any content-related you submit to the Site, the App, and the Smart Contract. Everything that poses a violation against the laws and regulations will be completely removed without notification.
7. THIRD-PARTY WEBSITE AND CONTENT
Third-party websites are the Site and/or App that links you to other websites, Third-party contents are articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.
Additionally, any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites are not our responsibilities.
We provide areas within the Site and the App for advertisements and other information. Advertisers are fully responsible for the reliability of the advertisements, including the services and products. These advertisements should not violate any rules, and advertisers must prove that they have the following rights, but are not limited to, intellectual property rights, publicity rights, and contractual rights. We hold no responsibility if there are any violations regarding these rights.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You expressly understand and agree that your access to and use of the Site, the App, and the Smart Contracts are at your sole risk and that the Site, the App, and the Smart Contracts are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the site, the app and the smart contracts and any part of it (including, but not limited to, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that
(i) your access to or use of the Site, the App, and the Smart Contracts will meet your requirements,
(ii) your access to or use of the Site, the App, and the Smart Contracts will be uninterrupted, timely, secure or free from error,
(iii) usage data provided through the Site, the App, and the Smart Contracts will be accurate,
(iv) the Site, the App and the Smart Contracts or any content, services, or features made available on or through the Site, the App and the Smart Contracts are free of viruses or other harmful components, or
(v) that any data that you disclose when you use the Site, the App, and the Smart Contracts will be secured. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
You accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses you incur as the result of your use of the Blockchain, including but not limited to any losses, damages, or claims arising from:
(a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions
(b) server failure or data loss
(c) corrupted wallet files
(d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing, or other means of attack against the app, Ethereum network, or the Kaikas, Metamask electronic wallet.
KLAYDICE is not responsible for losses due to the blockchains or any other features of the Blockchain. Including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain including forks, technical node issues, or any other issues having fund losses as a result.
11. LIMITATION OF LIABILITY
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may have, including, but not limited to, any loss of profits (both directly and indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, the app, and the smart contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or (b) one hundred (100) US dollars.
You agree and acknowledge that we have made the Site, the App, and the Smart Contracts available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the App, and the Smart Contracts to you without these limitations.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
12. ASSUMPTION OF RISK
You accept and acknowledge each of the following
There are risks and limitations associated with using an Internet-based currency, 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 accept and acknowledge that KLAYDICE will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain.
The current state of regulations regarding blockchain technologies, cryptocurrencies, and tokens is uncertain. When new regulations or policies are introduced, they may materially adversely affect the development of the KLAYDICE ecosystem, and therefore the potential utility or value of NFT.
You agree to indemnify and defend us, including our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:
(1) use of the Site,
(4) your violation of the rights of a third party, including but not limited to intellectual property rights, or
(5) any overt harmful act toward any other use of the Site, the App, and the Smart Contracts with whom you connected via the Site, the App, and the Smart Contracts.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. USER DATA
Certain data, including your data use of the Site, the App, and the Smart Contracts, will be kept for us to manage the performance of the Site, the App, and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have performed using the Site, the App, and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.