Off The Grid

Terms of Use

Updated: September 16, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRODUCTS.

You confirm that you meet the minimum age requirements specified by any applicable age ratings or restrictions for the Products and that you are fully capable of understanding and agreeing to the terms, conditions, obligations, and responsibilities outlined in this Terms of Use.

Subject to applicable age ratings or restrictions, you may create an account only if (i) you are 18 years of age or older and a "natural person" in your country of residence, or (ii) in regions where the minimum age is 17, you meet the legal age requirement in your jurisdiction. If you do not meet these age requirements, you are not permitted to access or use the Game (as defined below). By accepting this Agreement, you represent and warrant that you meet these eligibility requirements.

No Product is available on the territory of Singapore and any other territories where it is not permitted by the applicable regulation.

Before installing or accessing this software program, carefully read these Terms of Use. If you do not agree with all the terms herein, refrain from installing or accessing the software. In the event of any inconsistencies between the English text of these terms and any translation, the English version prevails.

Your use of the Off The Grid Game ("Game"), application ("App"), account, product, service, or associated patches, updates, and downloadable content ("Products") signifies your acceptance of these terms of use.

Additionally, your use of the Product is contingent upon acceptance of the Privacy Policy available at https://gameoffthegrid.com/privacy-notice-web/.

Game features an in-game marketplace accessible within the Game where users can exchange HEXs* and Items** using GUN tokens***. Importantly, however, our company does not sell GUN tokens, HEXs, or Items for cash. Game does not facilitate user-to-user deals involving fee-charging items.

*HEXs: NFTs earned through in-game activities, functionally operating as decodable loot boxes for various in-game assets, including Items.

**Items: NFTs representing in-game assets (e.g., weapons, skins, equipment) obtained by decoding HEXs."

***GUN: A utility token exclusively used within the GUNZ Ecosystem, including the marketplace. GUN tokens cannot be withdrawn or used outside of the GUNZ Ecosystem.

We are committed to ensuring our Terms of Use and Privacy Policy are accessible to Users with disabilities. Our support team available at [email protected] will be happy to assist Users who may require accommodations to access or understand these documents.

Prior to using this Product, thoroughly review both these Terms of Use and the Privacy Policy. If you disagree with or do not wish to accept either this Terms of Use or the Privacy Policy, please refrain from using the Product. By using the Product or accepting these Terms of Use and the Privacy Policy, you agree to be bound by these terms and represent that you fulfil all eligibility requirements specified below.

1. Introduction

1.1. Welcome to Off The Grid! Off The Grid is a free-to-play third-person Battle Royale Shooter game accessible on personal computer (PC), Microsoft Xbox Series S, Microsoft Xbox Series X that allows players to engage in a wide array of immersive game activities. These activities include obtaining tradable in-Game NFTs, consumable virtual items that may contain a random assortment of further in-Game virtual items (“HEXes (loot boxes)”) by playing, securing a battle pass and/or subscriptions for seasonal content, earning achievements for gameplay milestones, progressing through level and progression systems for enhanced gameplay experiences, playing different game modes to suit every playstyle, participating in dynamic player-versus-player (PvP) battles, exploring an expansive virtual world, completing challenges, trading items in a comprehensive marketplace, participating in PvP ranking to showcase their skills against others, customizing your character and loadouts for a more personalized and strategic gameplay experience, and using Cyberlimbs and their unique abilities for strategic advantages. The game encompasses the game software, the associated media, any online or electronic documentation related to it (“Game”). These Terms of Use are entered into by and between you (“You” or “User”) and POSEIDON 133 PTE. LTD, a company incorporated under the laws of Singapore under registration number 201502546D, with a registered office at 39 Robinson Road №14-01 Robinson Point Singapore 068911, Singapore (“Company”, “we” or “us”).

1.2.These Terms of Use set forth the terms and conditions, together with any documents they may incorporate by reference, that govern your access to and use of the Off The Grid website and its subdomains,  the Game, any content, functionality, and services offered on or through Website and the Game (collectively, the “Products”).

1.3. Your use of the Products is contingent upon acceptance of the Privacy Policy available at: https://gameoffthegrid.com/privacy-notice-web/. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Products. 

1.4.. The Game is accessible internationally, and you must comply with your local laws and regulations. This includes, where applicable:

a) GDPR (General Data Protection Regulation): For users within the European Economic Area (EEA), the processing of personal data is governed by the GDPR. By using the Products, the Users consent to the processing of their personal data as described in our Privacy Policy.

b) For Users in the United States, certain features of the Game may require compliance with the local regulations. By using the Products, the Users consent to the processing of their personal data as described in our Privacy Policy.

1.5.The Company reserves the right to change or modify these Terms of Use at any time at its sole discretion. You agree and understand that by accessing or using the Products following any change to these Terms of Use, you agree to the amended Terms of Use and all of the terms incorporated therein by reference. Check the Terms of Use periodically to make sure you understand the rules that apply when you access or use the Products. The Company may have special terms for certain features or functions of the Products, and these will become part of these Terms of Use when you use them.

1.5.1   The company may periodically modify, suspend, or discontinue certain features, benefits, or terms associated with the game, including subscription benefits, to enhance user experience or improve the game. We will keep you informed of any significant changes related to the Open Beta phase as needed

1.6.We are constantly developing the Game to give the most satisfactory experience. You acknowledge and agree that the form and characteristics of the Game, as well as any of its components, may be altered from time to time without prior warning to you, and that we can introduce new features and modify any parts of the Game at any time without informing you.

1.7.BY ACCESSING OR USING THE PRODUCTS, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS OF USE, AND USE THE PRODUCTS IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS OF USE, PRIVACY NOTICEAND COOKIE NOTICE. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OUR PRIVACY NOTICE, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE PRODUCTS.

1.8.During the Open Beta testing phase, some benefits associated with subscriptions, such as the provision of GUN (OTG Currency), may be restricted or not available. The full range of benefits will be confirmed upon the official launch of the game.

1.9.Subscribers and users will be notified of any significant changes to the terms, features, or benefits as outlined in this document. Notifications will be provided through the official game platform or other appropriate channels.

2. Company’s Content

2.1.The Company may produce and display content in the Products, which includes, but is not limited to, information, texts, images, video files, audio files, virtual items, or other content that Company makes available to you in the Products (the “Company’s Content”).

2.2.The Content does not constitute any form of professional advice unless specifically stated otherwise.

3. Accessing the Game

3.1.You can access our Game through our downloadable launcher available at our Website, Microsoft Store (Xbox), Xbox (PC), Epic Games Store. Please view the relevant platform’s terms as those may also apply to your access to the Game.

3.2.The accessibility of the Game is subject to the Company’s sole discretion, including but not limited to, shutting down the Game, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Game, or any other action that the Company determines in its sole discretion. 

4. The Game

4.1.Interactions with the Game

4.1.1. Within the Game, you have the opportunity to: (1) earn in-Game NFTs by completing specific tasks, reflecting the diverse activities available; (2) use distributed NFTs throughout your gameplay and acquire in-game NFTs from other players through the in-game marketplace, enhancing your strategic options; (3) get special Battle Passes, Subscriptions, Boosters, Currency, and Promotional Bundles, enriching your gaming experience; (4) progress through levels and progression systems, marking your journey and achievements; (5) engage in various game modes, catering to a range of playstyles and preferences; (6) participate in dynamic PvP battles and rankings, testing your skills against others; (7) explore an expansive virtual world and complete challenges, immersing yourself in the game's narrative and environment; (8) trade items in a comprehensive marketplace, facilitating interaction with the community; (9) obtain Hexes (loot boxes) through gameplay, offering surprises and rewards; (10) customize your character and loadouts, allowing for personal expression and tactical preferences within the game (11) utilize Cyberlimbs and their unique abilities, adding a layer of strategy and customization to your character. These features are part of the game's software, associated media, and any online or electronic documentation related to it (“Game”).

4.1.2.For the purposes of these Terms of Use:

“NFT” means a non-fungible token issued by us for use in the Game; NFT can not be withdrawn or deposit and may be used only within game ecosystem.

“Art” means any art, design, wording and drawings which are related to the in-Game NFTs, including but not limited to HEXexes (loot boxes) and exclusive NFT items such as weapons, Cyberlimbs.

“GUN” Token is an in-game currency that can only be used within the game's ecosystem. It has no real-world monetary value and cannot be exchanged or redeemed for any goods or services outside of the game environment.

If you select to purchase any in-game virtual item, you agree that you have understood how this item is used in the Game and are fully responsible for all the consequences related to the use or transfer of such item. The Company, in its sole discretion, may impose limits on the number of any NFTs that may be purchased, earned, accumulated, redeemed or otherwise used.

4.2.Fees and other expenses

4.2.1. Marketplace Transactions

NFT items within Off The Grid are available for purchase through our in-Game marketplace. These items can be bought from players who have previously earned them through gameplay, through the battle pass, subscriptions or received in the result of participation in promotional activities such as giveaways or contests. Each transaction on this marketplace is subject to a service/trading fee, which is included in the sale price set by the seller and automatically deducted when the transaction is completed. The rate of this service/trading fee may vary based on the buyer's battle pass or subscription tier status, potentially offering reduced fees for higher-tier members.

4.2.2. Gas Fees and Battle Pass Tiers

Gas fees for NFT transactions within the in-Game marketplace are covered by the Company, ensuring a seamless transaction process for our players. Additionally, players have the option to purchase premium Battle Pass Tiers, which provide access to enhanced rewards, including HEXes (loot boxes) and exclusive NFT items such as weapons, Cyberlimbs, Skins, and additional Game currency.

4.2.3. Subscription Tiers and Promotional Packages

Subscription Tiers are available for players seeking further benefits, including a corresponding battle pass tier and discounted Game currency. It is important to note that HEXes (loot boxes) are not directly purchasable and can only be obtained through active gameplay. Promotional packages and bundles, which may include NFTs, currency, and other exclusive benefits such as early game access, are also available for purchase.

4.2.4. Currency and HEXes

To open HEXes (loot boxes) obtained through gameplay, players must use game currency, which can be earned by playing the game. This system ensures that player engagement and participation are rewarded, maintaining a fair and exciting gaming environment.

4.2.5. This section of the Terms of Use outlines the financial interactions within Off The Grid, including the acquisition and use of NFTs, battle passes, subscription tiers, and the in-game marketplace. By participating in these transactions, players agree to the terms outlined herein.

4.2.6.The transfer of NFTs is prohibited except where expressly authorized in the Game. Other than as expressly authorized in the Game, you shall not sell, purchase, redeem or otherwise transfer to any person or entity or attempt any of the aforesaid.

4.2.7.The Company may provide you with an opportunity to obtain Game currency (the "Game Currency") or the Company's Content through the following means:

(i) allowing you to earn Game Currency by playing and earn a limited license for the use of the Company's Content within the Game for a transaction fee on the marketplace, and

(ii) granting you a limited license for the use of Game Currency by completing specific tasks within the Game, as determined solely by the Company.

You are permitted to utilize theCompany’s Content only upon payment of the associated fee (if applicable). The Company retains the right, at its sole discretion, to impose restrictions on the quantity of Company's Content that can be purchased, earned, accumulated, redeemed, or otherwise utilized.

4.2.7.1.All acquisitions of Company's Content are conclusive and non-refundable, non-transferable, or non-exchangeable under any circumstances, unless otherwise mandated by Applicable Law.

4.2.7.2.Game Currency and Company’s Content do not possess an intrinsic value in real currency and are not to be considered as a substitute for real currency, unless publicly stated otherwise by the Company for specific tokens. The Company, as well as any other individual or entity, bears no obligation to exchange Game Currency or Company’s Content for anything of value, including but not limited to real currency.

4.2.7.3.Game Currency and Company's Content cannot be redeemed for cash or any monetary value from the Company or any other entity, unless otherwise required by Applicable Law. You acknowledge that the Company may undertake actions that could affect the perceived value or purchase price, if applicable, of Game Currency and Company's Content at any time, except as prohibited by Applicable Law.

4.2.7.4.Unless otherwise prohibited by Applicable Law, the Company, at its sole discretion, possesses the unequivocal right to oversee, alter, substitute, replace, suspend, cancel, or eliminate Game Currency or Company's Content, including your ability to access or use them, without prior notice or liability to you. The transfer, sale, gifting, exchange, trading, leasing, sublicensing, or renting of Game Currency or Company's Content is strictly prohibited except within the Game and as expressly permitted by the Company.

4.2.8.Unless otherwise prohibited by Applicable Law, the Company maintains all rights, title, and interest, whether proprietary or otherwise, in and to the Game Currency and Company's Content. The license to the Game Currency and Company's Content under the Terms of Use will cease upon the termination of the Terms of Use and as otherwise stipulated herein.

4.2.9.Trading in-Game items or currency between players is allowed exclusively through the designated in-Game marketplace. Any other forms of trading, selling, or transferring ownership of game content, including but not limited to in-Game items, and in-Game currencies, outside the confines of the Game world, are forbidden. The Company holds no responsibility for losses arising from engagement in any activities, whether intentional or unintentional, associated with prohibited trading practices.

4.2.10.When providing payment information to the Company or its authorized processor, you affirm that you are an authorized user of the specified payment card, PIN, key, account, or other payment method, and you grant authorization to the Company to charge such payment method for the entire transaction amount.

4.3.NFTs in Gameplay

4.3.1.When the Game is available to you, you may use the NFTs you acquired in the Game, which could give you extra functions and services.

4.3.2.When you acquire NFTs for use in the Game you must agree to these Terms of Use. Any sale or transfer must provide for the transfer of all of your rights then outstanding with respect to such NFT. Anyone receiving such NFTs from you agrees to and is bound by these Terms of Use. The NFT will remain subject to these Terms of Use in perpetuity, and any purchase, acquisition, possession, or use of the NFTs by a subsequent holder of the NFT will be subject to these Terms of Use. 

4.3.3.We cannot assure or warrant uninterrupted access to the Game or its continuity in the future. The utilization and engagement with NFTs are intricately linked to the Game's functionality, and we cannot ensure the public launch or sustained existence of the Game or its promoted features. Acquiring NFTs is entirely at your own risk and comprehension, and we have not provided any assurances or guarantees regarding the IT security, perpetual availability of such NFTs, or your ability to access your NFTs in any manner whatsoever.

4.4.Wallet

GunZ wallet is not a regulated custodian services provider and cannot be treated as such.

GUN token can not be transferred or withdrawn anywhere outside GunZ wallet.

4.5. KYC (Know Your Customer)

4.5.1. The purpose of the KYC stage is to identify and verify who the User is, by gathering information about their identity, and confirming via reliable and independent documentary and/or electronic sources whether the submitted information matches the User’s real identity.

4.5.2. Collecting and maintaining adequate information about the User(s) is crucial to prevent ML, TF and PF. This information is used for Gamer identification, assessment and verification of their economic profile. It also allows for early detection and recognition of suspicious and unusual activity, protecting the Game from being used for illegal activities and ensures the Company's robustness and reputation.

4.5.3. We should take risk-sensitive measures to identify and verify the identity of the natural persons, prior to the using certain services on the platform. This involves:

4.5.3.1. Obtaining information from reliable and independent sources, including the use of electronic іidentification means or any other secure, remote, or electronic identification process regulated, recognized, approved, or accepted by relevant authorities; and Conducting ongoing monitoring of the activity.

We must obtain and verify the following information at the minimum:

 Last name and first name, date and place of birth, residential address, contact details (such as telephone and email address), government-issued identification number (unless the jurisdiction does not provide such a number), nationality.

4.5.3.2. Regarding documentary sources for identity verification, we must collect the following documents at the minimum:

Original or copy of a Government-issued unexpired document containing a photo of the User (such as an ID card, passport, residency card) and a proof of address that is less than three months old.

The following are acceptable forms of proof of address:

Bills or account statements from public utilities, including electricity, water, gas, or telephone line providers (i.e. internet bill);

Local and national government-issued documents, including municipal tax records;

Registered property purchase, lease or rental agreements;

Documents from supervised third-party financial institutions, such as bank statements, credit or debit card statements, or insurance policies.

In situations where natural persons do not have this documentation in their own name, for instance because they share accommodation or do not (yet) have a permanent or own residence, other evidence of address may be used as long as this evidence gives us reasonable confidence.

There must be a valid reason for being unable to produce the usual documentation to verify the address; and in such cases the address can be verified by other means provided us is comfortable with the justification and circumstances and any additional risk has been appropriately mitigated.

The above scenario will be assessed on a case-by-case basis at the discretion of the AMLCO.

In instances where KYC documents are in a language other than English, a true certified translation shall be provided and must be retained with the source documents.

During the KYC process, discrepancies between the information obtained from you and that obtained from reliable and independent approved sources may arise. If there is doubt about the authenticity of the document/information, it may be appropriate to verify its authenticity with the issuer.

4.5.4. The Game may utilize the services of third-party service providers to conduct KYC procedures, on the condition that the third-party service provider makes all data and information immediately available. Third-party service providers may include reputable law firms, notaries, other independent legal businesses, accounting firms, audit firms, financial institutions, or other specialized entities that offer outsourced AML services.

The Game must perform due diligence on the third-party service providers and confirm that their KYC systems and procedures align with the standards and requirements outlined in this document. Furthermore, the Game must enter into an agreement with the third-party service provider that outlines the rights and obligations of each party.

The Game may opt to use a third-party provider for electronic verification, which requires you to upload copies of the aforementioned identity documents. An automatic verification process is then conducted to confirm the validity and authenticity of the documents.

If the information provided by you does not pass either electronic verification or manual review, the reviewer will reject the document and request you to upload a new copy, if the document was blurry.

If you fail or refuse to provide the requested information and documents without adequate justification, we will not provide you certain services  (or executing the transaction) or may terminate it.

4.6.Xbox Console-Specific Provisions

If the Game is accessed through the Xbox Series S or Xbox Series X (“Xbox platform”), the following provisions apply in accordance with Xbox policy:

Non-Convertible Virtual Currency: Any Game Currency acquired through the Game is for use solely within the Game and cannot be converted into real money, tangible goods, or items of real monetary value. Game Currency is non-transferable and cannot be redeemed for actual monetary instruments from Microsoft or any other party.

Prohibition of Off-Platform Sales and Exchanges: The sale and exchange of Game Currency outside the Xbox platform are strictly prohibited. This includes the prohibition of selling accounts or any other form of Game Currency exchange on external platforms such as eBay or other auction sites.

In-Game Transactions: The Game allows players to exchange Game Currency with other players for benefits or content. However, such exchanges must only occur within the Game itself. The value of Game Currency for these trades must be determined solely by the Users involved in the exchange, not by us.

Enforcement and Penalties: By using the Game on the Xbox platform, you agree to comply with these Terms of Use  as well as any additional policies set forth by Microsoft and Xbox services. Violations of these provisions will result in penalties as described in Section 10 of these Terms of Use, including but not limited to warnings, temporary suspensions, or permanent bans.

User Interactions

You are solely responsible for your interactions with other users of the Game and any other parties with whom you interact through the Game. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent, or improper activity of the other users of the Game.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

4.7.Intellectual Property License in NFTs

4.7.1.There is no transfer of title or ownership of any Company’s IP or any intellectual property rights upon the sale of the NFTs under these Terms of Use. We grant to the party who owns an NFT for the time that party owns the NFTs (the “Term”), a license in respect of the art associated with the NFT subject always to these Terms of Use.

4.7.2.The License is assignable and transferable on the terms of these Terms, and is for your personal, non-commercial use of the NFTs (the “License”).

4.7.3.When you give away the NFT you possess, the License will be passed on to the new owner. This means that the new owner will be responsible for abiding by the License and these Terms of Use. It is important to note that transferring the License does not count as a commercial use that is prohibited by the License.

4.7.4.The NFT may not be used in any way tomodify, alter, and/or create derivative works of any art; use the art in connection with images of hatred, violence, cruelty or other inappropriate behavior be reasonably considered to bring the intellectual property rights owner into disrepute or could be reasonably found to constitute hate speech or infringe upon the rights of others; assert any right to or over the Company’s IP in any manner inconsistent with the rights under these Terms of Use, or cause, permit or assist any other person directly or indirectly to do any of the above acts.

Some NFTs available in the Game may depict or contain content that some users may find offensive, including but not limited to images of violence, hate speech, or other inappropriate material. Users acknowledge and agree that the Company is not responsible for reviewing or monitoring the content of NFTs, their use of NFTs is at their own risk, and they are solely responsible for ensuring their use of NFTs complies with all applicable laws and regulations.

5. Ownership

5.1.Unless otherwise indicated in writing by us, the Products and all the Company’s Content are the proprietary property of the Company or its affiliates, licensors.

5.2.You must have our explicit written permission to utilize any of the Company’s Content. The Company’s Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. You must also have our explicit written consent to use links to the Products or otherwise use framing techniques to enclose any of the Company’s Content. In addition, the design and appearance of the Products and the Company’s Content, including but not limited to page headers, custom graphics, button icons, and scripts, are the service mark or trademark of the Company and cannot be copied, imitated, or used in any way without our prior written consent.

5.3.You understand and accept that you will not have any ownership or other rights in the Company's Content, and that all rights and any use of it will always belong to and benefit the Company.

5.4.You understand that buying or owning NFTs in the Game does not give you any rights to the brand, design, music, video, art or other media associated with the NFTs, and that you are not allowed to use these for commercial purposes.

5.5.The Products include confidential and exclusive data and information that may be owned by or licensed to the Company. This proprietary information includes, but is not limited to ideas, data, design, layout, look, appearance and graphics provided to you by the Company. Copying of the Products (and any content or materials therein) is prohibited other than upon receiving explicit written consent of the Company for the copying.

5.6.You acknowledge and agree that as between you and the Company, title to and ownership of the the Company’s proprietary processes and technology used in the operation of the Products, content on the Company’s social media accounts (e.g., Facebook, Twitter, YouTube, LinkedIn), the Game, and all intellectual property rights relating thereto, including without limitations: copyrights, software and user-interface designs, architecture, documentation (both printed and electronic), know-how, data, databases, templates, trademarks, patents, trade names, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by the Company or licensed to the Company from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by the Company or you (collectively, “Company’s IP”), are and will remain vested in the Company at all times and for all purposes. You will not challenge, contest or otherwise take any action inconsistent with Company’s rights in and to the Company’s IP.

6. Disclaimer of Warranties

6.1.THE COMPANY’S PRODUCTS, INCLUDING THE WEBSITE, THE GAME, ALL SERVER AND NETWORK COMPONENTS, NFTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE COMPANY’S PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE OR THE COMPANY’S PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT ANY COMPANY PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

6.2.WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND OUR CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE PRODUCTS, THE COMPANY’S CONTENT OR SERVICES. WE MAY, TEMPORARILY AND UNDER CONSIDERATION OF OUR OR OUR PARTNERS’ LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE PRODUCTS, COMPANY’S CONTENT OR SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE PRODUCTS, COMPANY’S CONTENT OR SERVICES. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS OR SERVICES, INCLUDING THE USE, VALIDITY, QUALITY, SUITABILITY, FITNESS OF THE PRODUCTS, THE COMPANY’S CONTENT, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLIANCES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

6.3. ATTENTION PLAYERS! PLEASE NOTE THAT ALL GUN TOKENS (IN-GAME CURRENCY) ARE CURRENTLY IN A TESTING ENVIRONMENT AND WILL EXPIRE IN THE FUTURE. WE WILL NOTIFY ALL PLAYERS IN ADVANCE BEFORE EXPIRING OR RESETTING GUN BALANCES. MAKE SURE TO USE YOUR GUN TOKENS BEFORE THEY EXPIRE TO AVOID LOSING THEM. THE ADMINISTRATION AND MANAGEMENT OF THE GAME WILL REMAIN UNCHANGED.

7. Limitation of Liability

7.1.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF USE, THE PRODUCTS OR FOR ANY DAMAGES RELATED TO LOSS OF USE OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCTS, ANY COMPANY’S CONTENT OR THIRD PARTY WEBSITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

7.2.IN SOME JURISDICTIONS, THE EXCLUSION OR RESTRICTION OF INCIDENTAL OR CONSEQUENTIAL LOSSES IS NOT ALLOWED, SO THIS LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO YOU.

8. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay is due to any circumstances beyond our reasonable control (including but not limited to wars and other military operations, earthquakes, floods, and other natural disasters failure of power supply or communication system, adoption of laws and regulations by the l authorities, whether known or unknown at the time the parties enter into these Terms of Use) (each a “Force Majeure Event”).

9. Governing Law and Dispute Resolution

9.1.These Terms of Use, your access and use of the Products, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of Singapore ("Applicable Law”).

9.2.You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.

9.3.If you and the Company fail to reach an agreement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court of Singapore under the Applicable Law.

10. Breach and Remedies

10.1. Violation of these Terms of Use will result in liability under the Applicable Law, unless otherwise provided in the Terms of Use.

10.2.To the extent permitted by the Applicable Law, the Company and/or any of our employees, officers, managers, directors, agents, licensors, partners, associated service providers, subcontractors, affiliates or other representatives shall not be liable for:

10.2.1.the accuracy, completeness of the Company’s Content and Products;

10.2.2.the accuracy, completeness, or content of any websites linked to the Company’s Content and Products (through hyperlinks, banner advertising, or otherwise);

10.2.3.property damage of any nature, connected with the use of the Company’s Content or Products;

10.2.4.third-party conduct;

10.2.5.any unauthorised access to or use of the Company’s servers and/or any content, personal information or other information and data stored if such unauthorised access did not directly occur due to the Company’s actions or inactions;

10.2.6.any interruption or cessation of access to the Company’s Content or the Products;

10.2.7.any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Company’s Content, the Products or any third-party websites;

10.2.8.any loss or damage of any kind incurred as a result of your use of the Company’s Content or the Products, whether or not we advised of the possibility of such damages;

10.2.9.other risks associated with the use of online platforms, websites, Products and Company’s Content;

10.2.10.the third parties’ services, whether associated with the Company’s Content, the Products or not.

10.3. You understand and agree that your access to and use of the Products, any services connected with it, in-game NFTs is at your sole risk, and that such services are provided "as is" and "as available" without warranties of any kind, whether express or implied.

10.4. You are strictly prohibited from conducting (or authorizing or permitting any other person to conduct) the following activities:

10.4.1.using bots to access or interact with the Game, or employing any software or third-party tools to alter the Game’s content, environment, or mechanics;

10.4.2. distributing or publicizing any Game errors, bugs, or glitches;

10.4.3.uploading invalid data, viruses, worms, or other harmful software to the Game;

10.4.4.reverse engineering, decompiling, disassembling, or creating derivative works from the Game, or infringing on any intellectual property rights;

10.4.5.removing, disabling, or circumventing any security features or technical measures that control access to the Game;

10.4.6.posting or publishing any recordings of the Game that violate these Terms of Use;

10.4.7.making copies of the Game or the Service (in whole or in part) in violation of these Terms of Use;

10.4.8.attempting to interfere with, hack, or decipher transmissions to or from the Game's servers;

10.4.9.bypassing or modifying the Game’s login systems, or creating unauthorized access methods to the Game or its systems;

10.4.10.engaging in any commercial activities without our explicit written consent, including but not limited to selling accounts, in-game items, or currency;

 10.4.11.disobeying instructions from authorized Game personnel;

10.4.12.posting, linking to, advertising, promoting, or transmitting any illegal, harmful, threatening, abusive, blasphemous, harassing, tortious, defamatory, vulgar, sexually explicit, pornographic, libelous, obscene, hateful, racially or ethnically offensive content;

10.4.13.manipulating Game results in an unfair manner or otherwise accessing or using the Game or Services in a way that gives an unfair advantage or disadvantage to any user, including yourself;

10.4.14.using offensive, obscene, abusive, or harassing language or behaviour towards us or other users;

10.4.15.sharing any user’s real-world personal information (e.g., name, address, account name) within the Game, on websites, or in any forum or media;

10.4.16.violating any local, state, national, or international laws or regulations by using the Game, or encouraging others to do so;

10.4.17.engaging in any behaviour or using any language that could harm our reputation;

10.4.18.utilizing any technology (including, among other things, location-blocking facilities (such as VPNs) or other methods to conceal your IP address) intended to facilitate your or any other person’s access to the Game. You acknowledge that in case of breach of this sub-section 10.4.18, we are not liable for refunds, lawsuits, or any legal issues resulting from the use of the mentioned technology.

10.5. You are strictly prohibited from engaging in any form of illegal trading ("Illegal Trading”) within the Game. Illegal Trading includes, but is not limited to:

10.5.1. Activities that do not make logical sense:

10.6. The Company reserves the right to monitor, investigate, and review any making activities within the Game to ensure compliance with these Terms of Use. In the event that the User is found to be involved in any activity prohibited under the Clause 10.4. Or Clause 10.5. of these Terms of Use, the Company may impose one or more of the following penalties, depending on the severity and frequency of the violation:

           10.6.1. Warning: a formal notice will be issued to the User, outlining the nature of the violation 

10.7. Penalties imposed for any activity prohibited under the Clause 10.4. Or Clause 10.5. of these Terms of Use, do not entitle the User to any form of refund or compensation for in-Game purchases or subscriptions.

10.8.If you breach any provision of or undertaking under these Terms of Use, the Company shall have the right to seek specific performance or other lawful remedies in respect of your obligations under this Agreement.

10.9.To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless us from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney fees) arising from:

a)your use of the Products;

b)your violation of these Terms of Use and the Applicable Law.

11. Electronic communications

You consent that any emails, surveys, other information or Feedback (as it defined below) you provide to the Company through the Products or via any other medium, except for personal data, can be used by the Company in any manner, including, but not limited to, for testimonials, reviews and ratings on the Company on third party websites.

“Feedback” means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your agents, or representatives) to the Company or its representatives that relate to the Game.

12. Termination

12.1.These Terms of Use are effective from the earliest of the date you use the Products or one of the Products until terminated according to terms and conditions specified in the Terms of Use.

12.2.The Terms of Use may be terminated at any time by you by discontinuing your access to and use of the Products.

12.3.You agree that we reserve the right, without notice and in our sole discretion, to terminate your ability to access or use the Products and all the Company’s Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event. All obligations (including ownership, confidentiality, disclaimers of warranties,  limitations of liability, governing law and dispute resolution) that are by nature intended to survive the expiration or termination of these Terms of Use shall survive and you will continue to be bound by these obligations.

12.4.The Terms of Use shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms of Use.

13. Severability

If any term, clause, or provision of these Terms of Use is found to be invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clause, or provision of these Terms of Use.

13. Assignment

We may assign our rights under these Terms of Use without your consent at any time and without notice.

14. Relationship

Nothing in these Terms of Use constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably save as expressly stated in these Terms of Use.

16. Entire Agreement

These Terms of Use and all documents referenced herein comprise the entire and integrated agreement between you and the Company regarding your access to and use of the Products and the Company’s content and replaces any and all prior discussions, agreements, and understandings of any kind (including without limitation prior versions of this agreement). These Terms of Use are not meant to give any other person or entity any rights or privileges unless stated otherwise.

 17. Contact Information

If you have any questions or would like to obtain more information about the Products, please contact the Company at [email protected].