DELAN TERMS OF SERVICE


1. Introduction

1.1 These Terms of Service (hereinafter referred to as "Terms" or "Agreement") constitute a binding agreement between you (hereinafter referred to as “You” or "User") and HONGKONG DELAN CO., LIMITED and its affiliates(hereinafter referred to as "DELAN"，"We" or “us”).

1.2 By accessing or using our games, applications, websites, stores, communities, or other related services(hereinafter referred to as "Services" ), you acknowledge that you have carefully read, fully understood, and accepted these Terms. If you do not agree to these Terms, you must refrain from downloading, installing, using, or otherwise accessing the Services or any part thereof.

1.3 You acknowledge and agree that these Terms are not static. We reserve the right to modify these Terms at any time at our sole discretion without prior notice. You should regularly review these Terms. Your continued use of the Services following such modifications constitutes your acceptance of the revised Terms.



2. Account

2.1 To access certain Services, you may be required to register our account ("Account"). By creating an Account, you affirm your acceptance of these Terms. If you use a third-party account (e.g., Apple, Discord, Facebook) to access the Services, you agree to comply with the terms of such third-party providers.

2.2 You warrant that all registration information provided is truthful, accurate, and legally compliant when creating an Account. Misrepresentation or use of another person' s identity is strictly prohibited. We may retain and use such information in accordance with the Privacy Policy.

2.3 You are solely responsible for maintaining the confidentiality of your Account credentials. Unauthorized sharing or use of Accounts is prohibited.

2.4 We only provide services to natural persons who have reached the age of 18 or older (or the age of majority in your jurisdiction). By using the Services or creating an account, you represent and warrant that you have reached the age of majority.



3. Collection, Use, and Protection of User Information

3.1 Respecting and protecting user personal information and privacy is one of our fundamental principles. Our Privacy Policy governs the collection, use and protection of your personal data. We may update the Privacy Policy at any time, and your continued use of the Services constitutes acceptance of such changes.



4. Rules of use

4.1 You agree to comply with all applicable laws and regulations when using our Services. If the Services are prohibited in your jurisdiction, you must immediately cease accessing or using them.

4.2 Subject to your consent and continued compliance with these Terms and other applicable laws, we grants you a limited, revocable, non-exclusive, non-transferable license to use our Services solely for your personal entertainment and non-commercial purposes on devices you lawfully own or control.

4.3 Unless permitted by law or with the prior written permission of DELAN, you shall not engage in the following acts in the course of using our services, including but not limited to:

(a) Post, upload, transmit or otherwise disseminate any illegal, harmful, abusive, harassing, vulgar, obscene, hateful, racially discrimination, sexually suggestive or other offensive information;

(b) Infringe upon the contractual rights, personal rights, property rights, intellectual property rights, and other rights and interests (including privacy, disclosure, or trade secret rights) of DELAN or third parties;

(c) develop, use or distribute any software, scripting code, plug-ins, program or vulnerabilities that may lead to unfair competition;

(d) utilise our services for any commercial activities including but not limited to advertising dissemination or merchandise sales. Furthermore, any illegal activities that infringe upon the interests of DELAN are strictly prohibited, including without limitation: trafficking or leasing of Accounts; trading in-game virtual items or information; unauthorised top-ups; and employment of third parties for in-game service provision with external compensation arrangements.

(e) reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any products or services of DELAN;

(f) employ or attempt to employ unlawful means or improper methods to disrupt the normal operation of our products/services, or to use our products/services in any unauthorised manner, including without limitation:

(i) extracing source code;

(ii) hacking, cracking or disseminating counterfeit software;

(iii) submitting fraudulent information;

(iv) uploading/transmitting files containing viruses, Trojan horses, worms, time bombs, corruptive files or other unauthorised files;

(g) permit, authorise or facilitate any third party to engage in any of the foregoing acts, whether directly or indirectly.



5. Virtual Items and Virtual Currency

5.1 You may use real-world fiat currency to acquire a limited, personal, non-transferable, non-sublicensable, revocable license to access virtual items within our products/services. For the purposes of this Agreement, "Virtual Items" shall mean: (a) Virtual currencies (including but not limited to game coins), which may be exchanged for other virtual items within our Services; (b) In-game virtual objects, content or functionalities (including without limitation game characters, resources and equipment); and (c) Other digital goods or services. You expressly acknowledge and agree that all Virtual Items are licensed, not sold, to you. Delan retains all right, title and interest in and to the Virtual Items, including all intellectual property rights therein.

5.2 We reserve the right to modify, manage, control and terminate Virtual Items at its sole discretion. We shall not be liable to you or any third party for exercising such rights.

5.3 You acknowledge and agree that we reserve the right to adjust pricing and payment terms of our Services at our discretion.

5.4 You confirm that all payment information provided (incluiding but not limited to credit card details) is accurate, up-to-date, complete and lawful. You represent and warrant that you have the legal right to use the payment method you provided to us or our payment processor.

5.5 You understand and agree that due to the nature of online gaming services, no physical goods transactions are involved; your top-up experience is derived from the online gaming services provided by DELAN. Unless otherwise specified in these Terms or required by law, all purchases made through our Services are final, non-refundable, and non-cancellable.



6. Ownership/Intellectual Property

6.1 DELAN retains all rights, title, and interest in and to: (i) the software of DELAN, including but not limited to intellectual property rights such as copyrights in computer software, copyrights in artistic works, trademark rights, and patent rights; and (ii) all information and materials related to DELAN (including but not limited to text, images, audio, video, charts, interface design, layout framework, data, or documents), as well as trade secrets and confidential information. No ownership in any of the foregoing items is transferred to You by virtue of these Terms or DELAN's grant of permission to use the Services.

6.2 You acknowledge and agree that your use of the our Services does not confer upon you any proprietary rights or interests, including but not limited to in-game rewards, achievements, characters, virtual currency, levels, or any other content. DELAN reserves the right, at its sole discretion and without prior notice, to discontinue providing access to any character data, gameplay progress, game customizations, and other data associated with our Services. Except as otherwise expressly provided in these Terms or where required by applicable law, no obligation to indemnify, compensate, or otherwise remedy shall be incurred by us in connection with such matters.

6.3 You acknowledge and agree that you shall not reproduce, modify, sublicense, resell, rent, lease, create derivative works of, or otherwise exploit the our Services in whole or in part, unless obtaining DELAN's prior written consent.

6.4 You acknowledge and agree that: (a) You shall not circumvent, bypass, or tamper with any technological protection measures embedded in the Software; and (b) You shall not remove, alter, obscure, or falsify any copyright notices, trademark legends, patent markings, or other proprietary notices contained within the Services.



7. User-Generated Content

7.1 You may submit, upload, transmit, or otherwise provide information, data, software, audio, photos, graphics, videos, tags, usernames, or other materials (collectively, "User-Generated Content" or "UGC") through our Services. Notwithstanding such submission, you retain all intellectual property rights in your UGC to the extent permitted under applicable law.

7.2 By submitting UGC, you:

(a) acknowledge such content is non-confidential and non-proprietary;

(b) hereby grant DELAN a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, create derivative works of, and commercially exploit such UGC in any media format and through any distribution channel.

7.3 To the extent any rights in UGC cannot be licensed or transferred under applicable law, you irrevocably waive enforcement of such rights against DELAN, and you covenant not to assert any claims, fees, or compensation demands related thereto.

7.4 You represent and warrant that your UGC: (a) complies with all applicable laws and regulations in your jurisdiction; (b) does not infringe third-party's intellectual property rights (copyrights, trademarks, patents), privacy rights or publicity rights; (c) contains no defamatory, obscene, or unlawful material. DELAN reserves the right (but undertakes no obligation) to remove or refuse any UGC at its sole discretion, without liability for such decisions.

7.5 If you encounter offensive or inappropriate content posted by other users, you may contact us through the contact information disclosed in these Terms. You acknowledge and agree that the party responsible for such content shall be the user who posted it, and we shall not be liable for the posting, deletion, or any other actions related to such content under any circumstances.



8. Disclaimer and Limitation of Liability

8.1 Our Services are provided to you on an "AS IS" and "WITH ALL FAULTS" basis. To the maximum extent permitted by applicable law, DELAN expressly disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, continuity, or error-free operation. DELAN does not warrant that:

(a) the Services will operate uninterrupted or be virus-free;

(b) defects will be corrected; or

(c) the Services meet your specific requirements.

8.2 You shall bear full responsibility for any consequences arising from Your: (a) negligent acts or omissions; (b) misuse of the Services; or (c) failure to comply with guidelines. DELAN shall have no obligation to provide compensation or remediation for such user-initiated incidents.

8.3 Notwithstanding anything to the contrary herein, DELAN's aggregate liability arising from or relating to the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of: (a) USD 100; or (b) the total fees paid by you to us during the 90-day period immediately preceding the first event giving rise to liability. This limitation applies collectively to all claims and forms the essential basis of the bargain between the parties



9. Termination

9.1 These Terms shall remain in full force and effect during your use of our Services. You may terminate your access to our Services at any time by: (a) ceasing all utilization of the Services; or (b) uninstalling the application from your device. Such termination shall not relieve you of obligations incurred prior to cessation.

9.2 We reserves the exclusive right to suspend or terminate your access to our Services immediately upon detecting: (a) material breaches of these Terms or other applicable agreement; or (b) indicators of fraudulent activity. Upon such determination, We may undertake actions including without limitation:

(a) Permanent deletion of content violating relavent rights;

(b) Account rollback to pre-violation status through server-side restoration;

(c) Temporary or permanent service restriction;

(d) Permanent account deactivation with forfeiture of virtual assets;

(e) Initiation of civil proceedings/criminal referral to law enforcement authorities.



10. Governing law, Dispute Resolution and Severability

10.1 Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English or Chinese.

10.2 Should any provision of these Terms be adjudged by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed severed herefrom and shall not affect the validity, legality, or enforceability of the remaining provisions. The surviving provisions shall remain in full force and effect.



11. Contact

If you have any questions about these Terms or using the Service, please contact us at DPO@delanhk.com.