HYPERCOMIC - Terms of Service
Last Updated: April 15, 2024
Version 1.1 Please read these Terms of Service carefully before using our Services. This website and HYPERCOMIC mobile application (collectively, this “DAPP”) is owned by [HYPERCOMIC LTD.] (“HYPERCOMIC” “we”, “us” or “[DAPP]”). We are providing you with access to this DAPP (our “Services”) subject to the following terms and services.
Agreement to Terms / Consent to the Agreement
By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services ;(iv) Clicking on the “Agree” Check Box through the registration procedure by users shall be regarded as a valid consent to this Agreement.
Updates to Terms or Services
We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, on our mobile application or through other methods of communication which we deem reasonable 7 days before the effective date. Moreover, in the event of material modifications of the Terms of Service that may put Users at a disadvantage, we will make notifications of such modifications at least 30 days in advance within the applicable Services, and provide individual notice to Users through appropriate means.If, upon informing or notifying the amended terms of service as set forth in the preceding paragraph, we clearly informed or notified that you will be deemed to have consented to the amendment of the Terms of Service if you fail to express your intention of disagreement within 7 days (30 days in the event of material modifications that may put you at a disadvantage) prior to the effective date, and you ultimately fail to clearly express your intention of refusing to accept the amendment, you will be deemed to have consented to the amended terms of service.Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time.
Observation of Applicable Law, Gaming Regulations
You may use HYPERCOMIC, the Website, Materials and Services only as and to the extent permitted by Applicable Law. HYPERCOMIC are designed and intended solely in order to fulfill a specific purpose within the game play of HYPERCOMIC.
Age Restrictions
You must not use HYPERCOMIC, the Website, Materials and Services if you are under 18 years of age.
Feedback
From time to time, you may choose to submit feedback to us. We may, in connection with DAPP, freely use, copy, disclose, license, distribute and exploit any feedback. By including the representative information, you consent to us contacting your authorized representative on your behalf to communicate any information necessary to sufficiently respond to your feedback.
Note to International Users
If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from Singapore laws, please be advised that we do not collect or process your personal data, except as provided for in our Privacy Policy.
Termination
Upon termination, all services granted herein end immediately. You will cease using HYPERCOMIC and return to us or uninstall and destroy any Materials you may have in your possession.
Severability
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term shall not affect or impair the validity or enforceability of any remaining part of that term, clause or provision or any other terms, clauses or provisions of these Terms.
Force Majeure
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
Assignment
These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
User Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Services. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party social media services. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Fees
You may be required to pay fees in order to purchase digital points such as DIA or otherwise use certain functionality of the Services (“Service Fees”). You are responsible for paying any applicable Service Fees listed on the Services at the time of purchase to the payment method you specify at the time of your purchase (your “Payment Method”). You agree that all sales by HYPERCOMIC to you are final and will not be refunded for any reason unless required by applicable laws or unless we elect, in our sole discretion, to rescind your purchase.
By using a Payment Method to pay Service Fees, you are expressly agreeing that HYPERCOMIC is authorized to charge to the Payment Method the Service Fees and any other fees for additional services and contents you may purchase, together with any applicable taxes. You acknowledge and agree that any fees for the Services may increase at any time. You acknowledge and agree that HYPERCOMIC may use third party payment processors to process Service Fees on our behalf, and that HYPERCOMIC will not be held liable for any errors caused by such third party payment processors.
HYPERCOMIC may from time to time offer promotional points(DIA) and services(PASS) (“Promotional Gifts”) for to promote the usage of HYPERCOMIC. Promotional Gifts may expire after a certain period of time, which HYPERCOMIC shall designate from time to time.
Entire Agreement
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.
Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the Services.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the DAPP constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
✅Contact Us. In order to resolve a complaint regarding the DAPP or to receive further information regarding use of the DAPP, please contact us at contact@hypercomic.io
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