These Terms and Conditions (hereinafter referred to as "Terms") outline the contractual terms that apply to users, referred to as "customers," "consumers," "users," or "those concerned," when utilizing websites, mobile apps, software, etc. (collectively, the "service") operated by Gerillaz OÜ, hereinafter referred to as the "Company."

Prior to using the service, we strongly recommend that you carefully read and understand these Terms.

1. The Company reserves the right to change or modify these Terms in accordance with relevant legislation and its own discretion.

2. In the event of any changes to these Terms, the Company will provide notice of such changes and update the date at the top or bottom of these Terms to allow users to review the modifications.

3. By continuing to use the services provided by the Company after any modified Terms have been posted, it is assumed that the user acknowledges and agrees to the revised Terms.

 

Contents

I. Service Access and Usage

II. Account registration and management for service use

III. License and Intellectual Property Rights Infringement Claims

1. License

2. Intellectual Property Rights Infringement Claims

IV. Transactions and Obligations When Using the Service

V. Prohibited Actions During Service Use

VI. Services, Content, and Networks of Other Companies

VII. Blockchain-Based Contents

VIII. Limitations in Responsibility

IX. Dispute Resolutions

X. Miscellaneous

 

 

I. Service Access and Usage

Users may access and utilize the services provided by the company upon agreeing to these terms and conditions. It is important to note that game and service usage is not available in countries and regions not officially designated as service regions. Unauthorized use of the service may result in access being blocked or usage suspended, and the company disclaims all responsibility for any resulting damages.

Eligible Regions: The game can be accessed and used in all countries and regions except China, Russia, and South Korea. The company reserves the right to change the list of eligible regions in the future, with advance notice provided for any such changes.

Additional Terms and Conditions: Additional services may be subject to additional terms and conditions ("additional terms"). Users are required to consent to these additional terms before using the corresponding services. In the event of a conflict between the terms and conditions outlined here and any additional terms, the additional terms will prevail for the specific topic they cover.

Age Restrictions: The service is not available to individuals under the age of 16, unless different age restrictions are mandated by the user's country of residence.

Account Creation: The company may require users to create an account in order to access our services. Failure to log in or create an account may result in restricted access to certain parts of the service or its features, and we may not be able to provide assistance with any resulting damages.

Service Updates: The company reserves the right to apply updates to the service at its discretion. Users agree that the company may not only access devices using the service without limitations but also provide remote and automatic updates.

International Data Transfer: The company may transmit, collect, and store user personal information outside the user's country of residence, including countries and regions without equivalent data protection regulations. Users acknowledge and agree that some or all of their personal information may be transmitted, collected, or stored outside their country to facilitate the provision of the service.

II. Account registration and management for service use   

To fully utilize the company's services without limitations, users are required to complete the membership registration process and create an account. Users are responsible for any issues that may arise from using the service without creating an account.

Once registered, users are responsible for using the service with their own accounts and managing all necessary account information for usage. The user initiating the account creation process is accountable for any problems resulting from inadequate account management.

Users bear the sole responsibility for maintaining the confidentiality of their account access information. They must not permit third parties to access or use their account or share their access credentials with any third party. The company cannot provide assistance in the event of any issues or damages arising from such actions.

III. License and Intellectual Property Rights Infringement Claims

 

1. License

In principle, users do not possess ownership rights over any of the services provided by the company or any content created, purchased, or obtained through the use of the service. Users understand and agree that they are granted a limited, non-exclusive, non-transferable, and revocable license to use the service.

However, some items within the content created, purchased, or obtained by the user may grant limited ownership. It's important to note that this ownership can be changed or revoked at any time, and the user agrees not to raise objections in such cases.

The company retains ownership, rights, and interests, including intellectual property rights, for all services they provide and all items required for the use of the service. This includes the name, service mark, trademark, source code, database, functionality, software, application/website design, audio, video, text, images, and graphics (collectively referred to as "contents") of the service provided by the company. No rights or licenses are granted to users, individuals, or groups without prior agreement from the company.

2. Intellectual Property Rights Infringement Claims

We hold a strong commitment to respecting the intellectual property rights of others. If you believe that your work or other intellectual property rights have been infringed, please contact the company with the following information:

• A description of the work or property with intellectual property rights, or a list of key items related to the alleged infringement.

• Adequate and specific information regarding the data in question where the infringement is suspected.

• Your name, address, phone number, and email address if possible.

• A statement verifying the accuracy of the information in the report and your understanding that making false claims may result in penalties. Additionally, confirm that you have the legal authority to file a complaint on behalf of the owner of the exclusive rights that are believed to have been infringed.

• A statement indicating your belief that the use of the data in question was not authorized by the intellectual property owner, their representative, or applicable laws.

• A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive rights allegedly infringed upon.

Contact Information: Address: Vesivärava tn 50-201, Kesklinna linnaosa, Tallinn, Harju maakond, 10152, Estonia Email: fin@worldoftheabyss.com

IV. Transactions and Obligations When Using the Service

During the use of the service, users have the opportunity to acquire virtual currency and in-game items, both in the online store and within the game (hereinafter referred to as the "store"). It's important to note that the virtual currency or items obtained in the store do not grant exclusive ownership to the user; they are granted the right to use these virtual assets.

Users agree to bear the cost of all fees and relevant taxes associated with using the service, within the limits permitted by relevant legislation.

The company retains the right to modify the value of virtual currency or items available for purchase in the store at any time, without prior notice.

Various transaction methods provided by the company (credit card, automatic transfer, PayPal, etc.) can be utilized to obtain virtual currency and items through the service.

When using alternative transaction and billing services, additional fees may apply, and users must agree to the terms and conditions specified by the selected provider. It is the user's responsibility to comply with the tax regulations imposed by their respective countries and local authorities in relation to the purchase and use of virtual currency and items within the service provided by the company.

The company will notify users in advance regarding the non-refundable or saleable nature of certain contents, and in principle, contents and items that have been purchased by the user's choice cannot be refunded.

In the event of a permanent account suspension, the user forfeits all usage rights associated with content licenses, virtual currency balances, and items related to the account. The company holds no responsibility for compensating for lost virtual currency, points, items, etc., resulting from the user's violation of these terms and conditions.

Items obtained through the use of virtual currency or other items remain in the user's account until the expiration date of each item, the account itself, the termination or conclusion of this service.

If a user's approved charges are refunded without prior agreement with the company, the user's account may be terminated or canceled. To reinstate a suspended account, the refunded amount must be repaid using an alternative credit card or payment method, and the company bears no responsibility for credit card or bank-related charges or fees associated with the user's transactions.

The company reserves the right to limit the quantity of items that can be ordered or to refuse the provision of an item to a user without prior notice.

It should be noted that, notwithstanding these terms, the user may be subject to the legislation of their country with respect to the purchase of virtual items and the services provided. In such cases, users may have rights specified by the applicable legislation or recourse options within the scope of that legislation.

V. Prohibited Actions During Service Use

It's important to understand that attempting to disrupt or impair the operation of the service, or violate system or network security, may result in civil and criminal liabilities. The company reserves the right to initiate an investigation with law enforcement institutions and provide relevant information for the prosecution of users who violate these terms and conditions.

In case of a violation or reasonable suspicion of a violation, the company may, without notice, delay, pause, modify, or terminate the user's access to the service, unless otherwise required by relevant legislation.

Prohibited actions under relevant legislation include:

• Using hacking, cracking, bots, or third-party software that can temporarily or permanently modify service code or user experience, or engaging in fraudulent activities that require third-party software, other operational programs, software, or technology.

• Attempting to discover or discovering all source code, algorithms, methods, or technologies used or implemented in the service.

• Misrepresenting one's identity or affiliation, falsifying testimony regarding the user's identity or the origin of data sent by the user, or falsely claiming that the user's actions are endorsed by the company.

• Replicating or bypassing the service's structure or included content through any means using software or other manual/automatic devices or processes.

• Deleting, altering, or concealing copyright, trademark, patent, or other ownership notifications, legends, symbols, or labels (including watermarks, other digital rights management technology, or other information) included in the service.

• Engaging in or attempting to engage in acts that unreasonably or irregularly add a significant load to the network or infrastructure.

• Hosting, providing, or developing intermediary services related to the company's service without prior approval, or establishing, using, or maintaining illegal connections to the service.

• Intercepting, emulating, or redirecting communication protocols used by the company or its designees through any means.

• Using or attempting to use viruses, malware, or other computer codes, files, programs, software, routines, or devices designed to disrupt, destroy, or limit the company's system or network functions/operations.

• Participating in, encouraging, or facilitating service denial attacks or similar actions, or attempting to investigate, scan, test, or violate system or network security.

• Using or attempting to use macros, automatic play, or programs/methods that enable automatic operation or user-controlled character actions.

• Illegally distributing data without the company's approval, or advertising or promoting items or services (e.g., spam, promotional data, chain letters, pyramid schemes, or other forms of illegal solicitations).

• Engaging in harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, discriminatory, violent, or inciting violence acts (including self-harm).

• Stalking, engaging in sexually explicit or other inappropriate acts, or any acts involving robbery, theft, murder, sexual comments, or curses.

• Exploiting flaws, undocumented issues, or program bugs to create, use, or trade in-game items that are created or duplicated.

• Posting or sharing another user's personal information or sensitive undisclosed information about the company without consent.

• Engaging in or attempting to engage in any actions that, at the discretion of the company, result in liability or harm to the company, users, or third parties.

VI. Services, Content, and Networks of Other Companies

You may use platforms provided by other companies, such as Appstore, Google Play Store, Steam, etc., to access the service, and these may be connected or integrated with services or content provided by other companies (including user-generated content posted on forums).

Prior to using such software, installing additional software, registering additional accounts, agreeing to terms set by another company, or taking other measures may be necessary.

Using services or content from other companies that are connected to the company's service is the user's responsibility, and the terms and conditions of other companies apply.

The company bears no responsibility for any issues that may arise from the use of services or content provided by other companies that are connected to the company's service.

When using the company's service, the user's device may be connected to another company's network, and fees may be incurred for using such networks.

All costs and fees related to service access and use, such as internet service provider costs, communication costs, text message costs, broadband costs, and the costs of all devices and equipment used in connection with the service, are solely the responsibility of the user.

VII. Blockchain-Based Contents

The company offers blockchain-based content as part of its service. This content may be provided in collaboration with third-party companies. To access and utilize blockchain-based content, users must agree to the terms and conditions set by these third-party companies and complete user registration. It's important to note that the use of blockchain-based content is optional, and users have the discretion to choose whether to engage with it.

Within the service, blockchain-based digital assets are available in the forms of "NFT" (Non-Fungible Token). Here are some key points regarding these digital assets:

1. The company reserves the right to designate specific items within the service as NFT content targets and may change, add, or cancel such designations at its discretion.

2. Users understand and agree that the company does not guarantee the permanence of value or existence of items designated as NFT.

3. NFT items owned by users are integrated with the company's service, and users acknowledge that the values of NFT contents may be affected by updates, changes in service, or termination based on the company's operational decisions.

4. Any issues arising from the use of NFT content are the user's responsibility as they result from personal actions taken by the user.

5. The company holds no responsibility for damages resulting from fluctuations in the value of designated NFT content items. Blockchain assets are inherently volatile.

6. Users are solely responsible for the management of their NFT content items, and the company bears no responsibility for issues stemming from poor management.

7. Regulations and provisions related to blockchain are evolving, and new policies may impact blockchain-based content included in the company's service.

VIII. Limitations in Responsibility

The company cannot guarantee the eternal existence and details of the service. Additionally:

• The company is not liable for the legality, integrity, safety, or accuracy of third-party websites, platforms, etc., accessed through links (not directly provided by the company) or content of third parties connected to or included in the company's service.

• Deletion, loss, problems, or damage to data or information related to the company's service or equipment are not the responsibility of the company.

• Technical or maintenance-related pauses in service use may occur, and the company is not responsible for any resulting inability to use the service or loss of information, data, transactions, or other information and data.

• Unauthorized access, computer viruses, or actions by third parties are beyond the company's control, and the company is not responsible for damages incurred by users.

• Disputes between users and third parties arising from the use of this service are not the company's responsibility.

• Device malfunctions, errors, or information exposure due to user or third-party malware, spyware, viruses, or hacking are not the company's responsibility.

• The company may modify or change the provided service as needed and is not responsible for any resulting material or intangible, direct or indirect damages.

• When using services provided by other companies connected to or included in the company's service, users must fully understand, review, and agree to the terms and conditions of those other companies and assume full responsibility for any damages or risks.

• If a user has a complaint about part of the service or the conditions of the related contract, the user's sole and exclusive recourse is to discontinue the use of the service.

IX. Dispute Resolutions

Regardless of the principle of conflict of laws or the user's country of residence, the user agrees to exclude the application of the UN agreement concerning international item sale contracts. In the event of a claim against the company:

• It is strongly recommended to seek a resolution through the company's customer center.

• The user must actively participate in mediations provided by the company. By agreeing to this, the user relinquishes the right to litigate the dispute in court and consents to the resolution of the dispute by a judge or jury.

• Any dispute must be raised within 1 year. All disputes related to this contract must be initiated within 1 year through the small claims court or the mediation process, as permitted by legislation. The 1-year period commences from the point at which the dispute notification can first be submitted. Failure to raise a dispute within 1 year permanently prohibits such action.

X. Miscellaneous

In the event that any provision within these terms is deemed illegal or unenforceable, that specific provision shall be removed, while the remaining provisions shall remain fully valid.

The removed provision will be substituted with an enforceable provision that best aligns with the original intent of the unenforceable provision.

Furthermore, the company's decision not to actively exercise its rights under these articles or to refrain from responding to a user's violation shall not be interpreted as a waiver of the company's rights to address such violations or to enforce these terms at a later time.