Terms of Service
Effective Date: August 17,2024
Last Updated: August 17,2024
We are DIGIEDEN TECH SGP PTE.LTD. (“DigiEden”,”Company”, “we”, “us”, “our”), a company registered at 2 Havelock Road, #04-07, Havelock2, Singapore. You can contact us by email at support@digi-eden.com
We operate the website https://www.digi-eden.com/(the “Site”), the game Dance Eden (the “App”, the App and any related playtest program are collectively referred to as the “Game”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).
These Legal Terms constitute a legally binding agreement between you, whether as an individual or on behalf
of an entity (“You”), and DIGIEDEN TECH SGP PTE.LTD., regarding your access to and use of the
Services. By using any service, you agree to be bound by these terms, including our privacy practices(Privacy Policy), which is incorporated by
reference
into
these terms. Please read everything carefully. If you do not agree to all of these Legal Terms, including
the privacy practices described in our Privacy Policy, you are expressly prohibited from using the Services
and must discontinue use immediately.
TABLE OF CONTENTS
1.Privacy Policy
2.User Representations
3.Accounts and Registration
4.Intellectual Property Rights
5.Prohibited Uses
6.Playtests
7.Virtual Items
8.Purchase and Payments
9.Third Party Content
10.Services Management
11.Duration and Cancellation
12.Governing Law
13.Warranty Disclaimer
14.Limitation of Liability
15.Indemnification
16.Updates to Terms
17.Contact Us
1.Privacy Policy
All personal information collected through our services is governed by our Privacy Policy(Privacy Policy). If you have any questions
about how
we
collect and process your personal information, please let us know.
2.User Representations
By using the Services, you confirm and guarantee that: (1) The registration details you provide are authentic, precise, current, and thorough; (2) You will keep this information accurate and update it as needed; (3) You possess the legal authority and consent to follow these terms; (4) Your age is at least 16; (5) In your jurisdiction, you are not considered a minor, or if you are, you’ve secured parental consent for using the service; (6) You will refrain from employing the Services for any illicit or unauthorized activities; and (7) Your interaction with the Services adheres to all relevant laws and regulations.
Should any provided information prove to be false, imprecise, outdated, or incomplete, we reserve the
authority to suspend or terminate your Account(s), denying you access to the Services, both now and in the
future, in whole or in part.
3.Accounts and Registration
To access most of the features of our Services, you must register an account (your “User Account”). When you register, you may need to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate, and you will always keep it accurate and up-to-date. When you register, you will be asked to create a password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may also use the login credentials of certain third-party platforms (authorized by DigiEden) to access certain features of the platform (each platform referred to as a “Third-Party Account”). The platform may offer the ability to merge your User Account with a Third-Party Account.
You are solely responsible for
maintaining the confidentiality of the passwords in repsect of your User Account and any Third-Party Account
(collectively referred to as “Accounts”), and you are responsible for all activities that occur
under your Accounts. If you have reason to believe that your Account is no longer secure, you should contact
us via email at support@digi-eden.com
4.Intellectual Property Rights
Subject to these Legal Terms, we grant you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your own personal and non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our third party publishers. As a condition of your use of the Game, you warrant to us that you will not use the Game for any purpose that is unlawful or prohibited by these Legal Terms. The term of your license under this Section begins on the date that you download, install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or our termination of your access to the Game and/or Services. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game and/or Services, use any method (including but not limited to multiple account creation, registry editing, and IP swapping) to evade a ban placed on your Account(s), and/or if you violate these Legal Terms or any code of conduct.
Our Services provided by DigiEden, including but not limited to trailers, text, data, information, themes, concepts, stories, storylines, dialogues, catch phrases, images, graphics, logos, symbols, instructions, design, sounds, animations, audio clips, audiovisual, musical compositions, screen displays, video, artwork, and compilation thereof, as well as trademarks, software, “applets”, websites, games, programs, tools, source codes, object codes, HTML, files, patches, features, functionality, and all content and intellectual property contained in, comprising, or underlying the Game and/or the Services (collectively, the “Content”), are the exclusive property of DigiEden TECH SGP PTE.LTD., or if applicable, its licensors or third-party licensors. Usage of the Game is strictly limited to what is explicitly authorized by these Legal Terms.
You are prohibited from selling, licensing, distributing, copying, reproducing, recording anew, modifying,
publicly performing or displaying, transmitting, transferring, sharing, presenting, publishing, editing,
adapting, reverse-engineering, decompiling, disassembling, translating or creating derivative works from, or
otherwise exploiting, in any form or by any means, in whole or in part, the Game, the Services and/or any of
the Content, without our express prior written permission. You agree to observe and abide by all copyright
and other proprietary notices, legends or other restrictions contained in any such Content and will not make
any changes thereto. All rights not specifically granted herein are reserved by DigiEden TECH SGP PTE.LTD.
By using the Game and/or the Services, you gain no rights, title, or interest in any of the Content, except
for the limited usage rights granted by these Legal Terms.
5.Prohibited Uses
In using the Services provided by DigiEden TECH SGP PTE.LTD., you are required to comply with lawful purposes and the stipulations of these Legal Terms. The following activities are strictly prohibited:
- Service Interference: Do not disable, overburden, damage, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
- Exploitation and Harassment: Avoid exploiting, harming, threatening, or harassing anyone in any manner that negatively affects another’s use of the Services or could harm DigiEden.
- Cheating: Engaging in any form of cheating, including using unauthorized means to access the game, using multiple accounts, account sharing, GPS spoofing, or selling/trading Accounts is prohibited.
- Unauthorized Commercial Use: The Services should not be used for sending unsolicited advertising/promotional materials or for any unauthorized commercial purposes.
- Impersonation: Impersonating DigiEden, its employees, other users, or any other entities is forbidden.
- Violation of Laws or Court Orders or Third Party Rights: Do not use the Services or the Content in any way that violates applicable laws, regulations, court orders or the rights of third parties, or infringes on the legal rights of others, including but not limited to infringing, misappropriating or violating a third party’s intellectual property rights, or rights of publicity or privacy;
- Improper Behavior: It is forbidden to do anything in connection with your use of any of the Services or the Game, including but not limited to posting, uploading, publishing, submitting or transmitting any content, or using any Content in any manner which inclusive of as part of the Game, in context of promotion or encouragement of violence, pornography and abomination, racism, hate and discrimination against any person or based on race, religion, sex, sexual orientation, community or nationality, threats, hurting the helpless, violating privacy, slander and any other insulting contents.
- Unauthorized Recording: You shall not record yourself using the Game and the Content which are incorporated thereto (“Recording”) and register any Recording containing the Content under YouTube content identification, Facebook Rights Manager or other similar content registrations systems.
- Damage of Reputation: You are not allowed to use the Game, the Content, or any part of the Services in any manner which damages DigiEden or any of its licensor(s) or the reputation of DigiEden or any of its licensor(s).
- Improper Collection of Information: Collecting or storing any personal information from the Services from other users without their express permission is not allowed.
- Copyright and Trademark Violation: You must not remove any copyright, trademark, or other proprietary notices from the Services.
- Unauthorized Access and Attacks: Attempts to gain unauthorized access to the Services, including launching denial-of-service attacks or distributed denial-of-service attacks, are strictly prohibited.
- Use of Automated Devices: The use of robots, spiders, or any automatic devices, for monitoring or copying the service materials, is not permitted.
- Modification and Reverse Engineering: Modifying, adapting, translating, or reverse engineering any portion of the Services is prohibited.
- Malicious Software: Do not introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material into the Services.
DigiEden reserves the right to monitor access and usage of the Services and the right to take legal action
against infringements to ensure compliance with these Legal Terms and to respond appropriately to
violations, which may include suspending or terminating access without notice. Engaging in prohibited
activities may lead to investigation and legal action. Always use the Services responsibly and in accordance
with these guidelines to ensure a safe and enjoyable experience for all users.
6.Playtests
DigiEden reserves the right to invite you to participate in a playtest designed to help refine and enhance
the Game, known as a “Playtest Program.” In return for your active engagement in the Playtest
Program and adherence to the obligations set forth herein, DigiEden will grant you a reward related to the
Game, the specifics of which will be determined by DigiEden.
During your involvement in the Playtest
Program, you’ll encounter confidential and pre-release content and details about the Game. It is
prohibited for you to share, replicate, reveal, distribute, broadcast, publish, send, post, or in any way
provide third parties with any non-public information that (a) is disclosed to you by us, (b) you disclose
to us, or (c) you acquire through your participation in the Playtest Program, either directly or
indirectly.
You might be requested to offer feedback based on your gaming experience, and by agreeing to
this, you acknowledge that any feedback you provide will become the exclusive property of DigiEden. You
hereby transfer all rights to any feedback you may offer to us.
7.Virtual Items
7.1 Acquiring Virtual Items
DigiEden may, from time to time provide you with opportunities to earn or receive, or offer to sell you, certain products and services including, but not limited to, licenses to use virtual items including but not limited to virtual currency such as virtual cash, tokens, points, units, credits and gems (the “Virtual Currency”), skins, accessories, clothes, wearable items, and other virtual in-game items, all for use within the Game (collectively the “Virtual Items”).
Virtual Items may only be acquired: (i) by purchasing them directly from us or through the third-party markets that we authorize to sell Virtual Items in connection with the Game; (ii) by receiving them from other Users, if and to the extent permitted by us; or (iii) by acquiring them through such other methods, promotions or means of distribution that we may offer from time to time. Except as expressly authorized by DigiEden, third-party services may not be used to sell, exchange, transfer, or otherwise dispose of Virtual Items. We do not assume any responsibility for, and will not support, any such transactions.
7. 2 Limited License and Use Restrictions
REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATIONS PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS. Instead, you acknowledge and agree that when purchasing or receiving any Virtual Item, you are obtaining a non-exclusive, revocable, non-sub-licensable, limited and non-transferable (except as specifically set out otherwise in these Legal Terms) license to access or use such Virtual Item for your own personal entertainment and non-commercial use in the Game.
You acknowledge and agree that: (a) Virtual Currency is not legal tender and does not constitute a personal property right; (b) any Virtual Currency or similar virtual balance shown to you in the Game does not constitute a real-world balance or reflect any stored value, but instead represents the extent of your license to use the relevant Virtual Items; (c) Virtual Items do not: (i) have any inherent value in real, fiat currency; (ii) act as a substitute for real currency; or (iii) earn interest. Virtual Items are not refundable, redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from us or any third party, except as expressly provided in these Legal Terms or as otherwise required by applicable law.
Virtual Items can only be used in the Game. You must not sublicense, trade, sell, redeem, transfer, or otherwise exchange Virtual Items for value of any kind outside of our Games or the Services. Virtual Currency may only be redeemed for other Virtual Items or other entitlements available via our Services. To the fullest extent permitted by applicable law, once you redeem any Virtual Currency for a Virtual Item or other entitlement, that Virtual Item or other entitlement is final and not returnable, exchangeable, or refundable. Neither DigiEden nor any third party has any obligation to exchange any Virtual Item for anything of value, including, but not limited to, real currency, except as expressly provided in these Legal Terms or otherwise required by applicable law.
7.3 DigiEden’s Management
To the fullest extent permitted by applicable law, DigiEden, in its sole discretion, may impose limits on Virtual Items, including, but not limited to, the amount that may be acquired, earned, transferred, or otherwise disposed of at any time.
Your license to use Virtual Items will terminate (a) upon termination of these Legal Terms or your license to access the Game or the Services, (b) when we suspend, ban, or delete your Account(s), (c) if we stop offering the Game or (d) as otherwise provided in these Legal Terms.
Except as otherwise prohibited by applicable law and subject to the limited licenses granted to you in these Legal Terms, DigiEden has and retains all rights in and to Virtual Items and this incudes the rights to modify, manage, control or eliminate Virtual Items in its sole discretion. DigiEden is entitled to, without notice or compensation, terminate your limited license to use Virtual Items at any time if we determine at our sole discretion, after investigation, that (a) you violate any of these Legal Terms or any other policies of us, (b) you have used the Virtual Currency in connection with any fraudulent or illegal activity, or (c) the Virtual Items are acquired in any imporper way, including but not not limited to a bug or hack. Any disposition or attempted disposition of Virtual Items in violation of these Legal Terms may be voided and result in the immediate termination of your Account(s) and/or your license to use Virtual Items.
Without prejudice to any other term of these Legal Terms (including, among others, the paragraph above), DigiEden reserves the right to reject any Virtual Currency transaction for Content or entitlements available via Services, or suspend or terminate any Account in the event of unauthorized or fraudulent charges or activity, whether suspected or actual.
If any of your Account(s) is terminated for any reason by you or us, you understand and agree that we may redeem and use the Virtual Currency in such Account at the time of termination for any purpose that we may choose, and that on termination you will have no right to that Virtual Currency, and any other Virtual Items to which you had access via such Account at the time of termination will be lost and no longer be available to you, and you will have no right to them.
For the purpose of these Legal Terms:
1. an “Error” means any omission, incompleteness, mistake or error in or relating to the Services, whether human, technical, administrative, operational, systematic, a combination of any or all of these, or otherwise. For example, the mistaken offer of incorrect prices or terms for participation in a Game.
2.“Malfunction” means when any technology, software, automated process or set of instructions, data or programs used to execute specific tasks fails to operate as designed or intended. For example, if a virus affects the Services, or when computer hardware or software deviates from its intended performance specifications or parameters or where two pieces of software fail to interface or communicate with each other in the manner designed or intended, in either case producing a result which is not the result that was designed or intended.
3.“Interruption” means any break in the continuity or uniformity of or interruption or delay in or to any part of the Services, for example if the App or a Game freezes while you are playing it or you lose internet connectivity.
You must not abuse or take advantage of any Error, Malfunction or Interruption which is or becomes apparent to you (for example by exploiting it to obtain Virtual Items). If any Error, Malfunction or Interruption is or becomes apparent to you, or you suspect that it may be occurring to any part of the Services you are using, you must stop using that part of the Services immediately. You must provide any information we reasonably require in connection with any investigation into any Error, Malfunction, or Interruption. If, as a result of an Error, Malfunction or Interruption in the Services, your Account is credited with Virtual Items that you would not have received were it not for that Error, Malfunction or Interruption, we will wipe them from your Account. This applies even if the relevant part of the Services could have produced the same or similar amount of Virtual Items absent the Error, Malfunction or Interruption and applies whether or not the Error, Malfunction or Interruption was apparent to you or to us at the time.
You acknowledge and agree that DigiEden may engage in actions that may impact the perceived value or acquired price of the Virtual Items at any time, and for any reason, except as prohibited by applicable law.
To the fullest extent as permitted by applicable law, we make no
representation or warranty of the value, fairness of price, availability or value of use of or guarantee as
to the nature, quality or value of any virtual items, and of title, origin, non-infringement, functionality,
merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or
technical quality of the virtual items, and we WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION,
DELETION, MODIFICATION, IMPAIRMENT, HACKING OR ANY OTHER DAMAGE OR LOSS OF ANY KIND TO THE VIRTUAL ITEMS,
INCLUDING THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE
CHANGES TO THE CONTENT.
8.Purchases and Payments
8.1 General Purchases and Payment Terms
For the purpose of these Legal Terms, a “Game Platform” means an online store where customers can purchase and download virtual reality software applications, such as Meta Quest and Steam.
While you may register for and you may, in some cases, be able to use some features of the Game free of charge, the access to all or part of the Game, certain Contents and/or certain entitlements available via the Services (such as certain features, Virtual Items, downloadable content, expansion packs that provide additional gameplay, content, functionality and/or features and other products in connection with the Game), may be provided for a fee or other charge (and such access, Contents and entitles under the Services are collectively referred to as “Paid Contents”).
If you do elect to make such purchases or otherwise incur charges in connection with your use of the Services, you agree to make corresponding payment and abide by the purchases and payments and pricing polices applicable to such purchases and charges contained in these Legal Terms, available at the point of purchase or otherwise posted on the Site or the relevant Game Platform, in order to receive or to receive access to and/or the benefits of the corresponding Paid Cotents. We may suspend or cancel any transaction and/or your access to any Service if we do not receive full payment for your purchase of any Paid Content within the stipulated due date for payment. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Account and relevant Content.
Please note that when you purchase any Paid Contents through a Game Platform, the purchase and relevant payment processing is handled by the Game Platform where you purchased and/or dowloaded the Game and therefore, you hereby acknowledge and agree that the Game Platforms’ terms and conditions may also apply to your purcahse and payment processing and any queries about such purcahse and payment processing (including any request for a refund) must be directed to that Game Platform.
8.2 Pricing
Prices will be stated on the Game Platform(s) and/or in the App.
To the fullest extent as permitted by the applicable laws and subject to the policies of the Game Platform where you purchased and/or dowloaded the Game, we may, at any time, prior to accepting your order, withdraw any discount and/or to revise prices of any Paid Content. Any prices, quotations and descriptions are subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to our express acceptance of your order.
To the fullest extent permitted by applicable law, we may change the pricing for any Paid Cotent and/or add new Paid Contents, products and/or services for additional fees and charges at any time at our sole discretion without notice, including without limitation, change the price of any Virtual Item. Please note that we may also make any Paid Content available at a reduced price, or for free, in a later release of such Paid Content, or change all or any part of the Game from a paid-to-play model to a free-to-play model.
You acknowledge and agree that you are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws.
8.3 Cancellation and Refund
To the fullest extent as permitted by the applicable laws and subject to the policies of the Game Platform where you purchased and/or dowloaded the Game, we reserve the right to (a) correct any Errors in pricing, even if we have already requested or received payment, (b) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, and (c) refuse any order placed and may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
Your purchase for all Paid Contents are final and refunds are not
permitted, subject to any statutory requirements that are mandatory by applicable laws or the refund policy
of the Game Platform where you purchased and/or dowloaded the Game. In case of termination due to your
breach of these Legal Terms, you are not entitled to any refunds.
9.Third Party Content
The Services may feature or provide access to content from third parties, including data, information, links,
applications, and various products or services. This inclusion of third-party content is solely for your
convenience. Please be aware that we do not exercise control over such content and, therefore, cannot assume
responsibility for it. We are not liable for any potential loss or damage that may result from your
interaction with or use of this third-party content.
10.Services Management
We reserve the right, but not the obligation, to:
- Monitor the Services for any breaches of these Legal Terms.
- Take suitable legal measures against anyone who violates these Terms or the law, as determined by us, which may include reporting to law enforcement authorities.
- At our discretion, refuse, restrict, limit, or disable access to any of your contributions or parts thereof, as technically feasible, without any limitation.
- Remove or disable, at our discretion and without prior notice or liability, any files or content that significantly burden our systems due to their size or nature.
- Operate and manage the Services in a way that safeguards our rights and property while ensuring the Services function smoothly and effectively.
11.Duration and Cancellation
These Legal Terms are effective for as long as you utilize the Services. We reserve the unrestricted right to
terminate access to the Services (this may include blocking specific IP addresses), at our sole discretion
and without any notice or liability, to anyone and for any reason, including but not limited to violations
of any terms, warranties, or agreements specified in these Legal Terms, or any relevant laws or regulations.
We also reserve the right to terminate your participation in the Services, delete your Account(s), and
remove any content or information you have posted at any time and without prior notice, based solely on our
discretion.
12.Governing Law and Dispute Resolution
12.1 All matters relating to the Services and these Legal Terms and any related dispute or claim will be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, or claim of any kind whatsoever arising out of or relating to these Legal Terms, including any question regarding their existence, validity or termination (“Dispute”) shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of arbitration shall be Singapore. There will be one (1) arbitrator and the language of the arbitration shall be English. This arbitration provision shall survive termination of these Legal Terms.
12.2 Notwithstanding the above, as a limited exception to the above arbitration agreement under Section 11.1, you and DigiEden each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
12.3 You and DigiEden each waive the right to a trial by jury or to participate in a class, representative or consolidated action or proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding, without the written permission of all parties involved.
12.4 If any provision of these Legal Terms is held invalid or unenforceable (either by an arbitrator
appointed pursuant to the above terms of this Section 11 or by court of competent jurisdiction), that
provision will be enforced to the maximum extent permissible and the other provisions of these Legal Terms
will remain in full force and effect.
13.Warranty Disclaimer
You acknowledge and agree that you are using the Services at your own risk. All parts of the Services, including all information, content, related graphics, materials, products (such as the Game and software), are provided to you by us on an “AS-IS” and “AS-AVAILABLE” basis. We, to the maximum extent permitted by applicable law, expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, quiet enjoyment and fitness for a particular purpose, and any warranty arising out of course of dealing, usage, or trade. Without limiting the foregoing, we do not guarantee the accuracy, reliability, completeness, validity, consistency, quality, security, timeliness or uninterrupted availability of the Services and the information, content, materials, products (such as the Game and software), whether electronic, oral or written, included in or otherwise made available to you through or in connection with the Services, nor do we promise that any defects will be corrected, or that the Services or servers are free of viruses or other harmful components, or warrant that the Services will meet your expectations or requirements.
Without limiting the foregoing and to the maximum extent permitted by applicable law, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or in connection with the Services, any hyperlinked website, or any website or application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
You assume all risks and are solely responsible for your online or offline communications and interactions with other users of the Services, and you understand that we do not conduct background checks or screening on users. We make no warranties regarding the conduct of users or their compatibility with any current or future users. you agree to take reasonable precautions and exercise common sense in all of your interactions and communications with other users of the Game and/or the Services, especially if meeting someone in person.
The above disclaimers apply unless otherwise mandated by applicable law and such disclaimers do not affect
any warranties that cannot be excluded or limited under applicable law.
14.Limitation of Liability
Under no circumstances will we, including our affiliates, licensors, and service providers, as well as our and their respective officers, directors, employees, members, contractors, agents, and successors, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of or in any way connected with (i) these Legal Terms, (ii) the access to or use of or inability to use or access the Game, any Content or any of the Services, (iii) any information, content, software, products, services and related graphics, whether electronic, oral or written, obtained through the Game and/or the Services, or (iv) any interactions, communications or meetings with other users, whether based on contract, tort, negligence, strict liability or otherwise under any legal theory, including but not limited to loss of revenue, profits, business, goodwill, data, or anticipated savings, personal injury, pain and suffering, emotional distress, replacement costs, or any similar damages, even if foreseeable, to the fullest extent permitted by applicable law. Without limiting the foregoing and to the maximum extent permitted by applicable law, any dispute you have with any third party arising out of your access to or use of the Game, any Content or any of the Services, including, by way of example and not limitation, any carrier, intellectual property right owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all 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.Without limiting the above paragraph and to the maximum extent permitted by applicable law, our total and aggregate liability for any claims arising out of or or in any way connected with (i) these Legal Terms, (ii) using or the inability to use the Game or any of the Services, (iii) any information, content, software, products, services and related graphics, whether electronic, oral or written, obtained through the Game and/or the Services, or (iv) any interactions with other users will not exceed the lesser of (i) the amounts you have paid to us for access to and use of the Game, Services, or Content during the six (6) month period prior to any event(s) or circumstance(s) giving rise to such claim or (ii) one thousand United States dollars ($1,000.00 USD). These limitations are a crucial and fundamental basis of our bargain and agreement with you.
Applicable law may not allow the exclusion or limitation of certain liabilities, so some of the above
limitations may not apply to you.
15.Indemnification
You agree to defend, indemnify, and hold harmless DigiEden,and our affiliates, licensors, service providers,
and our and their respective officers, directors, employees, members, contractors, agents, and successors,
from and against any claims, actions, proceedings, suits, disputes, judgments, awards, demands, settlements,
penalties, fines, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’
fees) arising out of or related to (i) your breach or alleged breach of these Legal Terms, (ii) your access
to or use or misuse of or alleged access to or alleged use or misuse of the Game, the Content and/or any of
the Services, (iii) any user postings or materials, content or other infrmation made or provided by you or
on your behalf, (iv) your actual or alleged violation of any rights or interests of a third party (including
wihtout limtiation, any intellectual property right or publicity, confidentiality, other property, or
privacy right) or any applicable laws, rules or regulations, (v) any overt harmful act toward any other user
of the Services with whom you connected via the Services, or (vi) any dispute or issue between you and any
third party. Notwithstanding the foregoing and to the fullest extent permitted by applicable law, we reserve
the right, at your expense, to assume the exclusive defense and control of any matter subject to
indemnification by you, in which event you agree to fully cooperate with us, at your expense, in asserting
any available defenses.
16.Updates to Terms
We reserve the right to modify these Terms at any moment, according to our own judgment. Changes become
effective as soon as they are published. By continuing to use the Services after we post updated Terms, you
indicate your acceptance of and agreement to those changes. We recommend you regularly review this section
to stay informed about any updates.
17.Contact Us
If you have any questions about the Terms
of Service, please contact us at support@digi-eden.com. We will endeavour to respond to any queries or
questions within a reasonable amount of time.