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These Terms and Conditions govern your access to, download and use of the Game, proprietary content, any virtual items and related services (“Game”) made available on Steam by Distilled Gaming Co Ltd (“Distilled Gaming”). By using the Game, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access or use the Game.
If you are in any doubt as to whether you can lawfully access and use the Game based on local laws and regulations where you are located, including but not limited to age restrictions, do not access or use the Game.
Distilled Gaming reserves the right at any time to modify these Terms and Conditions, and to impose updates or additional terms and conditions on your participation in our Game. We will post new versions in the Game. If you do not agree to the updates or additional terms and conditions, stop use the Game. Your continued use of the Game after such posting constitutes your acceptance of the updated terms and conditions.
License
1. Subject to your compliance with these Terms and Conditions, Distilled Gaming grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Game for your personal, non-commercial use. All rights not expressly granted to you in these Terms and Conditions are reserved by Distilled Gaming.
2. No portion of the Game may be reproduced in any form or by any means, except as expressly permitted in these Terms and Conditions. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish the Game in any manner.
Intellectual Property Rights
3. All content and materials contained in the Game (including any new versions or updates of the Game) and the associated goodwill, and all intellectual property rights, including but not limited to, the trademarks, trade dress, software, designs, graphics, artworks, music, text, ideas, characters, features, virtual items and way of play (“Intellectual Property Rights”) are and shall remain the sole and exclusive property of Distilled Gaming.
4. You may not use our Intellectual Property Rights without our prior written consent. For the avoidance of doubt, you may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works based on the Intellectual Property Rights.
Use Policy
5. Distilled Gaming is constantly developing the Game in consideration of user experience or otherwise deemed necessary by Distilled Gaming, and therefore, we may modify, add, remove or replace the Game and/or any features, characters or contents of the Game at Distilled Gaming sole discretion. You also acknowledge and agree that Distilled Gaming may need to update, create new versions and accordingly, the system requirements to participate in the Game may change over time. You are fully aware of such automatic updating that may occur from time to time where Distilled Gaming considers appropriate.
6. The Game is free to play, but you may purchase virtual in-game items (“Virtual Items”). Means of payment may vary depending on which platform or application store you make your purchase. You understand that Virtual Items cannot be exchanged into real money or refunded. You acknowledge that you do not own Virtual Items. Distilled Gaming grants you a limited license to use Virtual Items according to the specific Game’ gameplay.
7. Distilled Gaming reserves the rights to manage, control, regulate, modify, add and/or remove elements and contents of the Game, including but not limited to, any Virtual Items without any liability to you. In no event that Distilled Gaming will be liable to compensate you in respect of any matter related to the Virtual Items. If we suspend or terminate your use of the Game in accordance with these Terms and Conditions, you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
8. The Game and/or platform or application store that the Game is published may provide communication channels such as chatrooms, forums or communities that enable you to communicate with others. Distilled Gaming reserves the right (but not obligations) to monitor materials posted on the communication channels and to remove any materials at any time, with or without notice as Distilled Gaming considers appropriate. Distilled Gaming may suspend or terminate your access to any channels or the Game at any time, with or without notice as Distilled Gaming considers appropriate. Distilled Gaming disclaims any liability for any activity within the communication channels.
9. The Game may contain user content of others and advertising of third-party products and services. Distilled Gaming disclaims any responsibility for such content and advertising.
User Content
10. The Game may allow you to create and/or upload user-generated content, such as custom levels, skins, mods, photos or text ("User Content"). By creating or uploading User Content, you grant Distilled Gaming a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, distribute, modify, display, and reproduce your User Content in connection with the Game and Distilled Gaming's business, including for marketing and promotional purposes.
11. You represent and warrant that your User Content does not infringe any intellectual property rights or other rights of any third party, and that you have obtained all necessary rights and permissions to create and/or upload your User Content. You may not submit User Content that is fraudulent, misrepresentative, inappropriate, unlawful or violates any laws and regulations. You may not use the User Content of others without the prior written consent of such party.
12. Distilled Gaming reserves the right (but not obligation) to remove or disable access to any User Content that violates these Terms and Conditions and suspend or terminate your use of the Game in Distilled Gaming's sole discretion.
Compliance with Laws and Policies
13. You agree not to engage in any conduct that could damage, disable, overburden, or impair the Game or interfere with any other party's use and enjoyment of the Game. You also agree not to use the Game for any illegal or unauthorized purposes, or to engage in any activity that violates these Terms and Conditions.
14. You represent and warrant that your use of the Game should be lawful and that you will comply with these Terms and Conditions, in-game rules of the Game, rules and policies of the platforms or application stores on which the Game is published , and all applicable local laws and regulations where you are located.
Disclaimers and Limitation of Liability
15. THE GAME AND RELATED SERVICES ARE PROVIDED "AS IS" AND ACCESSED TO, DOWNLOADED AND USED AT YOUR SOLE RISK WITHOUT WARRANTY OF ANY KIND. DISTILLED GAMING WILL EXERCISE REASONABLE SKILL, CARE AND DILITGENCE BUT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THAT THE GAME WILL ALWAYS BE ACCESSIBLE, AVAILABLE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.
16. DISTILLED GAMING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, CHARGES, COSTS OR EXPENSES WHICH MAY BE SUFFERED OR INCURRED TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, DOWNLOAD OR USE OF THE GAME. DISTILLED GAMING SHALL IN NO EVENT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSS.
17. UNLESS YOU NOTIFY DISTILLED GAMING THAT YOU INTEND TO MAKE A CLAIM IN RESEPCT OF AN EVENT WITHIN THE NOTICE PERIOD, DISTILLED GAMING SHALL HAVE NO LIABILITY FOR THAT EVENT. THE NOTICE PERIOD FOR AN EVENT SHALL START ON THE DATE ON WHICH YOU SHOULD REASONBLY HAVE BECOME AWARE THAT THE EVENT HAS OCCURRED OR THAT YOU HAVE GROUNDS FOR MAKING A CLAIM IN RESPECT OF THE EVENT AND SHALL EXPIRE FOURTEEN (14) DAYS AFTER THAT DATE. THE NOTICE MUST BE IN WRITING AND MUST SPECIFY THE EVENT AND THE GROUNDS FOR THE CLAIM IN REASONABLE DETAILS. DISTILLED GAMING'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT YOU PAID DISTILLED GAMING FOR THE GAME.
Indemnification
18. You agree to indemnify and hold Distilled Gaming and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless at all times against any and all claims, demands, losses, damages and expenses (including attorney’s fees) incurred by Distilled Gaming and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees arising out of or in connection with your use of the Game or any breach of these Terms and Conditions.
Termination
19. Distilled Gaming may terminate these Terms and Conditions and your license to use the Game at any time, for any reason, with or without notice. You will remain liable for all amounts due up to and including the date of termination. Upon termination, you must immediately delete the Game from your device and/or your network applications and cease all use of the Game.
20. You may also terminate these Terms and Conditions and your license to use the Game immediately by deleting the Game from your device or your network applications.
Governing Law and Dispute Resolution
21. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes, controversies, differences or claims (“Disputes”) arising out of or in connection with these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any Disputes regarding any, including non-contractual obligations, arising out of or in connection with it, shall: (a) first be addressed by discussion between the Parties, with an aim to resolve the Dispute within thirty (30) days before recourse to further measures, and (b) to the extent it cannot be resolved under (a), be referred to and finally resolved by arbitration to be administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator and the arbitration proceedings will be conducted in English.
22. You agree that any and all disputes arising out of or in connection with your use of the Game shall be resolved individually, without resort to any form of class action.
Data Protection Policy
23. Distilled Gaming may collect personal data such as your name, email address, and other contact details before you play the Game. In the event that you do not provide such personal data, we may not be able to provide the Game.
24. The information collected from you will be used to provide you with our services, respond to your inquiries, and communicate with you about the Game.
25. We take appropriate measures to keep your personal data secure, including using encryption and other security technologies to protect against unauthorized access, disclosure, alteration, or destruction.
26. We will not provide your personal data to third parties for direct marketing or other unrelated purposes without your consent.
27. We are committed to protecting the privacy, confidentiliy and security of the personal data we hold. We are equally committed to ensuring that all our employees and agents uphold these obligations.
28. You have the right to request access to and correction of personal data held by us about you. If you wish to access, correct your personal data or otherwise have any questions about our data protection practices, please contact us at [ ].
29. We may update this data protection policy from time to time. We will notify you of any material changes to this notice by posting a notice in the Game or contacting you directly.
General
30. In-game rules and policies (if any) constitute an integral part of these Terms and Conditions.
31. If any provisions or part-provision is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions. If any provision or part-provision is deemed deleted under this clause, Distilled Gaming may replace those terms with similar terms to the extent enforceable under the applicable law.
32. Distilled Gaming may at any time assign, mortgage, charge, subcontract, delegate or deal in any other manner with an or all its rights and obligations under these Terms and Conditions, provided that it posts prior written notice of such dealings in the Game. You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations without the prior written consent from Distilled Gaming.
33. A waiver of any right or remedy is only effective if given in writing and is signed by Distilled Gaming and shall not be deemed a waiver of any subsequent right or remedy.
34. By accessing and browsing these Terms and Conditions and using the Game, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. Please click here to confirm.
If you are in any doubt as to whether you can lawfully access and use the Game based on local laws and regulations where you are located, including but not limited to age restrictions, do not access or use the Game.
Distilled Gaming reserves the right at any time to modify these Terms and Conditions, and to impose updates or additional terms and conditions on your participation in our Game. We will post new versions in the Game. If you do not agree to the updates or additional terms and conditions, stop use the Game. Your continued use of the Game after such posting constitutes your acceptance of the updated terms and conditions.
License
1. Subject to your compliance with these Terms and Conditions, Distilled Gaming grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Game for your personal, non-commercial use. All rights not expressly granted to you in these Terms and Conditions are reserved by Distilled Gaming.
2. No portion of the Game may be reproduced in any form or by any means, except as expressly permitted in these Terms and Conditions. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish the Game in any manner.
Intellectual Property Rights
3. All content and materials contained in the Game (including any new versions or updates of the Game) and the associated goodwill, and all intellectual property rights, including but not limited to, the trademarks, trade dress, software, designs, graphics, artworks, music, text, ideas, characters, features, virtual items and way of play (“Intellectual Property Rights”) are and shall remain the sole and exclusive property of Distilled Gaming.
4. You may not use our Intellectual Property Rights without our prior written consent. For the avoidance of doubt, you may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works based on the Intellectual Property Rights.
Use Policy
5. Distilled Gaming is constantly developing the Game in consideration of user experience or otherwise deemed necessary by Distilled Gaming, and therefore, we may modify, add, remove or replace the Game and/or any features, characters or contents of the Game at Distilled Gaming sole discretion. You also acknowledge and agree that Distilled Gaming may need to update, create new versions and accordingly, the system requirements to participate in the Game may change over time. You are fully aware of such automatic updating that may occur from time to time where Distilled Gaming considers appropriate.
6. The Game is free to play, but you may purchase virtual in-game items (“Virtual Items”). Means of payment may vary depending on which platform or application store you make your purchase. You understand that Virtual Items cannot be exchanged into real money or refunded. You acknowledge that you do not own Virtual Items. Distilled Gaming grants you a limited license to use Virtual Items according to the specific Game’ gameplay.
7. Distilled Gaming reserves the rights to manage, control, regulate, modify, add and/or remove elements and contents of the Game, including but not limited to, any Virtual Items without any liability to you. In no event that Distilled Gaming will be liable to compensate you in respect of any matter related to the Virtual Items. If we suspend or terminate your use of the Game in accordance with these Terms and Conditions, you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
8. The Game and/or platform or application store that the Game is published may provide communication channels such as chatrooms, forums or communities that enable you to communicate with others. Distilled Gaming reserves the right (but not obligations) to monitor materials posted on the communication channels and to remove any materials at any time, with or without notice as Distilled Gaming considers appropriate. Distilled Gaming may suspend or terminate your access to any channels or the Game at any time, with or without notice as Distilled Gaming considers appropriate. Distilled Gaming disclaims any liability for any activity within the communication channels.
9. The Game may contain user content of others and advertising of third-party products and services. Distilled Gaming disclaims any responsibility for such content and advertising.
User Content
10. The Game may allow you to create and/or upload user-generated content, such as custom levels, skins, mods, photos or text ("User Content"). By creating or uploading User Content, you grant Distilled Gaming a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, distribute, modify, display, and reproduce your User Content in connection with the Game and Distilled Gaming's business, including for marketing and promotional purposes.
11. You represent and warrant that your User Content does not infringe any intellectual property rights or other rights of any third party, and that you have obtained all necessary rights and permissions to create and/or upload your User Content. You may not submit User Content that is fraudulent, misrepresentative, inappropriate, unlawful or violates any laws and regulations. You may not use the User Content of others without the prior written consent of such party.
12. Distilled Gaming reserves the right (but not obligation) to remove or disable access to any User Content that violates these Terms and Conditions and suspend or terminate your use of the Game in Distilled Gaming's sole discretion.
Compliance with Laws and Policies
13. You agree not to engage in any conduct that could damage, disable, overburden, or impair the Game or interfere with any other party's use and enjoyment of the Game. You also agree not to use the Game for any illegal or unauthorized purposes, or to engage in any activity that violates these Terms and Conditions.
14. You represent and warrant that your use of the Game should be lawful and that you will comply with these Terms and Conditions, in-game rules of the Game, rules and policies of the platforms or application stores on which the Game is published , and all applicable local laws and regulations where you are located.
Disclaimers and Limitation of Liability
15. THE GAME AND RELATED SERVICES ARE PROVIDED "AS IS" AND ACCESSED TO, DOWNLOADED AND USED AT YOUR SOLE RISK WITHOUT WARRANTY OF ANY KIND. DISTILLED GAMING WILL EXERCISE REASONABLE SKILL, CARE AND DILITGENCE BUT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THAT THE GAME WILL ALWAYS BE ACCESSIBLE, AVAILABLE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.
16. DISTILLED GAMING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, CHARGES, COSTS OR EXPENSES WHICH MAY BE SUFFERED OR INCURRED TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, DOWNLOAD OR USE OF THE GAME. DISTILLED GAMING SHALL IN NO EVENT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSS.
17. UNLESS YOU NOTIFY DISTILLED GAMING THAT YOU INTEND TO MAKE A CLAIM IN RESEPCT OF AN EVENT WITHIN THE NOTICE PERIOD, DISTILLED GAMING SHALL HAVE NO LIABILITY FOR THAT EVENT. THE NOTICE PERIOD FOR AN EVENT SHALL START ON THE DATE ON WHICH YOU SHOULD REASONBLY HAVE BECOME AWARE THAT THE EVENT HAS OCCURRED OR THAT YOU HAVE GROUNDS FOR MAKING A CLAIM IN RESPECT OF THE EVENT AND SHALL EXPIRE FOURTEEN (14) DAYS AFTER THAT DATE. THE NOTICE MUST BE IN WRITING AND MUST SPECIFY THE EVENT AND THE GROUNDS FOR THE CLAIM IN REASONABLE DETAILS. DISTILLED GAMING'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT YOU PAID DISTILLED GAMING FOR THE GAME.
Indemnification
18. You agree to indemnify and hold Distilled Gaming and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless at all times against any and all claims, demands, losses, damages and expenses (including attorney’s fees) incurred by Distilled Gaming and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees arising out of or in connection with your use of the Game or any breach of these Terms and Conditions.
Termination
19. Distilled Gaming may terminate these Terms and Conditions and your license to use the Game at any time, for any reason, with or without notice. You will remain liable for all amounts due up to and including the date of termination. Upon termination, you must immediately delete the Game from your device and/or your network applications and cease all use of the Game.
20. You may also terminate these Terms and Conditions and your license to use the Game immediately by deleting the Game from your device or your network applications.
Governing Law and Dispute Resolution
21. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes, controversies, differences or claims (“Disputes”) arising out of or in connection with these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any Disputes regarding any, including non-contractual obligations, arising out of or in connection with it, shall: (a) first be addressed by discussion between the Parties, with an aim to resolve the Dispute within thirty (30) days before recourse to further measures, and (b) to the extent it cannot be resolved under (a), be referred to and finally resolved by arbitration to be administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator and the arbitration proceedings will be conducted in English.
22. You agree that any and all disputes arising out of or in connection with your use of the Game shall be resolved individually, without resort to any form of class action.
Data Protection Policy
23. Distilled Gaming may collect personal data such as your name, email address, and other contact details before you play the Game. In the event that you do not provide such personal data, we may not be able to provide the Game.
24. The information collected from you will be used to provide you with our services, respond to your inquiries, and communicate with you about the Game.
25. We take appropriate measures to keep your personal data secure, including using encryption and other security technologies to protect against unauthorized access, disclosure, alteration, or destruction.
26. We will not provide your personal data to third parties for direct marketing or other unrelated purposes without your consent.
27. We are committed to protecting the privacy, confidentiliy and security of the personal data we hold. We are equally committed to ensuring that all our employees and agents uphold these obligations.
28. You have the right to request access to and correction of personal data held by us about you. If you wish to access, correct your personal data or otherwise have any questions about our data protection practices, please contact us at [ ].
29. We may update this data protection policy from time to time. We will notify you of any material changes to this notice by posting a notice in the Game or contacting you directly.
General
30. In-game rules and policies (if any) constitute an integral part of these Terms and Conditions.
31. If any provisions or part-provision is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions. If any provision or part-provision is deemed deleted under this clause, Distilled Gaming may replace those terms with similar terms to the extent enforceable under the applicable law.
32. Distilled Gaming may at any time assign, mortgage, charge, subcontract, delegate or deal in any other manner with an or all its rights and obligations under these Terms and Conditions, provided that it posts prior written notice of such dealings in the Game. You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations without the prior written consent from Distilled Gaming.
33. A waiver of any right or remedy is only effective if given in writing and is signed by Distilled Gaming and shall not be deemed a waiver of any subsequent right or remedy.
34. By accessing and browsing these Terms and Conditions and using the Game, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. Please click here to confirm.