Terms of Service

Last Updated: 2024/03/27

These following Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you"), and NEOSONYX PTE. LTD. (“we", “us", or “our'') regarding your access to and use of the https://www.kingdomheroeswar.io website and the Kingdom Story: HEROES WAR apps (mobile app, PC app) as well as any other asset from social media channels, social networks, communities or mobile applications related, linked, or otherwise connected thereto (collectively, the “Site" and the “App"). Kingdom Story: HEROES WAR is a distributed application that is going to launch and run on the Binance Smart Chain (the "blockchain''), using a specially-developed system called Smart Contract (the “Smart Contract”) to enable users to own, transfer, purchase, store, and engage in sales of unique digital assets. These assets can then be visualized on a website and Kingdom Story: HEROES WAR game application that the user can interact with. The Smart Contract and the Site are collectively referred to in these Terms as the “App”. By using the App, users can manage their assets and use the Smart Contract to transact.

WE ARE ONLY WILLING TO DISTRIBUTE THE APP, THE SMART CONTRACT, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACT, THE SITE, OR ANY ASSET-RELATED, OR BY CLICKING “I ACCEPT” BELOW AND IMPLYING YOUR ACCEPTANCE CHECKING IN THE TICK BOX, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE NOT ELIGIBLE TO USE THE APP, THE SITE, AND THE SMART CONTRACT AND YOU MUST STOP ANY FORM OF USING OUR ASSETS IMMEDIATELY.

Supplemental terms and conditions or any type of additional documents that may be publicized on the Site, the App, and the Smart Contract at some point will be eventually integrated with existing terms of use. We reserve our rights in our sole discretion to make any type of changes or modifications to these Terms of Use at any time and for any reason. You will be notified of any changes and can access them by updating the most up-to-date of these Terms of Use. However, it is not legally compulsory for us to notify and release change logs pointing out such changes specifically. It is your responsibility to periodically review these Terms of Use to stay fully informed of updates. You will be subjected to and deemed as having awareness and acceptance of the changes in any revised Terms of Use by proceeding to use the site, the app, and the Smart Contract after such revised terms come into effect on a publicized date.

Information on the Site, the App, and the Smart Contract are not intended for distributing to or being used by any single person or entity in any jurisdiction or country where such distribution or use would be against its existing laws or regulations as well as any circumstance would subject us to any registration requirements within the territories of said jurisdiction or country. People who make their decisions to access the Site and/or the App from outside our base country are deemed to have the understanding of doing so on their own choices and therefore are legally eligible for compliance with local laws, assuming they apply to them to some extent.

1. INTELLECTUAL PROPERTY COPYRIGHT

Apart from other noted indications, the Site, the App, and the Smart Contract are our proprietary properties as well as all source codes, databases, functionalities, software, website designs, audio, videos, texts, photographs, and graphics on the Site and the Apps (collectively, the “Content"). Trademarks, service marks, and logos (the “Marks") are owned and legally licensed to us, controlled by us, and are protected regarding registration of intellectual property copyright. Apart from uses stated and provided in these Terms of Use, no part of the Site, the App as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without asking for our legal approval.

Provided that you are eligible to use the Site, the App, and the Smart Contract, you are granted limited access to and use of the Site to download or print a copy of any portion of the Content regarding personal, non-commercial uses.

2. USER REPRESENTATIONS

By using the Site, the App, and the Smart Contract, you represent yourself and agree that:

(a) All registration information you submit is fully stated, true, accurate, and up-to-date.

(b) You will maintain the accuracy of such given information and will be asked promptly to make updates whenever necessary.

(c) You have the legal capacity and the thorough understanding of complying with these Terms of Use.

(d) You are not a part of a minority community that practices laws and regulations that have nothing in common with ours.

(e) You will not access the Site, the App, and the Smart Contract using automated and non-human means, whether it is a bot, script, or anything like.

(f) You will not use the Site, the App, or the Smart Contract for committing any illegal and unauthorized purpose.

(g) Your use of the Site, the App, and the Smart Contract will not violate any existing given law or regulation. If you provide any information that is untruthful, inaccurate, or up-to-date, we have the right to suspend or terminate your accounts and refuse to approve any action regarding any current or future activities of the Site, the App, and the Smart Contract.

(h) You can only own one account attached to one device at a time.

(i) You are not on any blacklist of any organization for any reason including committing scams, fraud; illegal data exploiting, using third-party software for personal benefits; trying to gain access and damage our assets without our approval; and everything alike. If we find any illegal activities, we will make a prompt intervention and resolve legal means if necessary.

3. USER REGISTRATION

You are required to register upon accessing the Site, the App, and the Smart Contract. You should have control over your password confidentiality and will be responsible for the use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine in case such username is inappropriate or appears as an irritation to other users.

4. USER DATA

Certain data, including your data use of the Site, the App, and the Smart Contracts, will be kept for us to manage the performance of the Site, the App, and the Smart Contracts. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have performed using the Site, the App, and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

5. WALLETS and DIGITAL ASSETS

Kingdom Story: HEROES WAR allows its users to access and manage digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case.

KINGDOM STORY: HEROES WAR does not maintain any blockchain wallets. You hereby acknowledge and agree that we have no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of your Digital Assets.

6. OWNERSHIP; RESTRICTIONS

You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, title, and interest in and to all elements of the Apps, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with them), and design, systems, methods, information, computer code, software, services, ‘look and feel’, organization, a compilation of the content, code, data, and all other elements of the Apps are owned by us and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights concerning any content, code, data, or other materials that you may access on or through the Apps. We reserve all rights in and to the Materials not expressly granted to you in the Terms.

7. PROHIBITED ACTIVITIES

You, as a user, agree to use the Site, the App, and the Smart Contract only for lawful purposes. The Site, the App, and the Smart Contract may not be used in connection with any commercial activities if not approved by us. Specific prohibited activities include, but are not limited to:

(a) Systematically retrieve data or other content from the Site, the App, and the Smart Contract to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval.

(b) Make any unauthorized use of the Site, the App, and the Smart Contract, including collecting usernames and/or email addresses of registered users by using third-party software; creating user accounts by automated means including using bots or hiding presences by faking IP addresses.

(c) Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.

(d) Use the Site, the App, and the Smart Contract as assets to advertise and offer to sell personal goods and services not relating to us.

(e) Circumvent, disable, or otherwise interfere with security-related features of the Site, the App, and the Smart Contract, including those that prevent or restrict the act of copying Content or enforcing limitations on the use of the Site, the App, and the Smart Contract.

(f) Trick, defraud, or mislead us and other users with any attempt to get sensitive account information such as user passwords.

(g) Making improper use of our support services or submitting false reports.

(h) Committing acts of using automated means or AI to interfere with our assets, such as using scripts to send comments or messages, or using any data mining tools, bots, data extraction tools, and alike.

(i) Interfering with or creating interruption on the Site, the App, the Smart Contract, the networks, or services related to the product.

(j) Attempting to impersonate another user or person; using the username of another user.

(k) Selling or transferring your game account.

(l) Using any information obtained from the Site, the App, and the Smart Contract to harass, abuse, or harm another person.

(m) Using the Site, the App, and the Smart Contract as a part of an effort to compete with us; using the Site, the App, and the Smart Contract or every product-related thing for commercial purposes.

(n) Deciphering, decompiling, disassembling, or interfering mechanically with any of the software parts or assets of the Site, the App, and the Smart Contract.

(o) Attempting to bypass any measures designed to prevent or restrict access to the Site, the App, and the Smart Contract.

(p) Harassing, intimidating, or threatening our employees or agents whose jobs are to provide any portion of the Site, the App, and the Smart Contract to you directly.

(q) Deleting logos or marks representing the copyright or other proprietary rights from our product.

(r) Copying and making use of the Site’s frontend codes, including but not limited to Flash, PHP, HTML, JavaScript, and others.

(s) Uploading or transmitting viruses, Trojan horses, or anything like, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with our product’s intentional original works. Modifying, impairing, disrupting, altering, or interfering with the intentional original uses, features, functions, operations, or acts of maintenance of the Site, the App, and the Smart Contract.

In addition, all types of activities and all forms of conduct deemed to be laws and regulations violations are prohibited.

8. FEE, PAYMENT, and REFUNDS

If you elect to purchase, store, engage, or interact with digital assets on the Apps, or with or from other users via the Apps, any financial transactions that you engage in will be conducted solely through the blockchain. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the apps or any other transactions that you conduct via the Binance network or other blockchain entities.

blockchain requires the payment of a transaction fee (a “Gas Fee’) for every transaction that occurs on the blockchain. The Gas Fee funds the network of computers that run the decentralized blockchain. This means that you will need to pay a Gas Fee for each transaction that occurs.

As between us, you will be solely responsible for paying for any sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority(collectively, “Taxes”) associated with your use of the app (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, or acquisition of your NFTs). Except for income taxes levied on us, you: (1) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction including value-added taxes and taxes as required by international tax treaties, customs, or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction: and (2) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us under these terms.

Due to the irrevocable nature of the blockchain, and our lack of control over user assets, we are unable to offer refunds on any purchases.

9. IN-APP PURCHASES, PAYMENT, and REFUNDS

We associate ourselves with certain Services, including, without limitation, for the download of Apps, and the purchase of Items (as defined below). Such products or services will be made available for purchase on a third-party store used by us (such as Google Play or App Store), specified pages of the Site, within the Apps, or otherwise as indicated through the Services. Certain Apps allow you to purchase Virtual Items (as defined below) within the App. Any purchased item would not be refundable. The same is true for users who purchase the items accidentally or by mistake. Additionally, service use will be restricted if your refund has been made on a third-party store(such as Google Play or App Store) or is not a legal process.

You are responsible for all third-party charges, including but not limited to the internet connection, and mobile communication charges, that you may incur for accessing or using our Services. Prices for all products and services exclude all applicable taxes and telecommunication charges unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of items or other content through the apps constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the services by any local, state, federal or international law.

We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device, or platform, promotion codes or discounts not provided at the time of purchase ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible with the products or services purchased, downloaded, or otherwise obtained by you through the Services. Please read the system requirements very carefully before making any purchases. If you have other questions in connection with any product or service available through the Services, please contact our team at [e-mail]

10. THIRD-PARTY WEBSITE AND CONTENT

Use and interaction of Kingdom Story: HEROES WAR may allow you to access third-party websites (including websites that host the Kingdom Story: HEROES WAR) or other resources. Our developer provides access only as a convenience and is not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

11. ADVERTISER

We may allow advertisers to display their advertisements and other information in certain areas of the Apps such as, but not necessarily limited to sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Apps, and any services provided on the Apps or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Apps, including, but not limited to intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with the advertisers.

12. SUBMISSION

We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that this policy intends to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, despite our request that you do not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed and shall remain, the property of us. None of the Unsolicited Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request unless otherwise agreed in writing.

13. TERMINATION

You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Apps. We may terminate or suspend all or part of the Apps and your access to the Apps immediately, without prior notice or liability. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated. You agree that we, in its sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) for the Apps. You agree that any suspension or termination of your access to the Apps may be without prior notice and that we will not be liable to you or any third party for any such suspension or termination. If we suspend or terminate your Account due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of your Account, whether by you or us, you may no longer have access to information that you have posted on the Apps or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or any third party. Upon termination of your Account, your right to use the Apps will immediately cease.

14. DISCLAIMERS

The services, including without limitation any content, information, or services obtained or available through the websites or any third party platform, are provided "as is" and with no representation or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties that may arise from course of dealing, course of performance or usage of trade. You assume total responsibility and risk for your use of the services.

To the maximum extent permissible under applicable law, we, our affiliates, and our sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the services, content or information contained within the services and/or any websites.

Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, or secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

We will not be responsible or liable to you for any losses you incur as the result of your use of the blockchain, including but not limited to any losses, damages, or claims arising from:

(a) User error, such as forgotten passwords or incorrectly construed smart contracts or other transactions;

(b) Server failure or data loss;

(c) Corrupted wallet files;

(d) Unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing, or other means of attack against the app, the blockchain, or the wallet.

All smart contracts are conducted and occur on the decentralized ledger within the blockchain. We have no control over and make no guarantees or promises concerning the smart contract. KINGDOM STORY: HEROES WAR is not responsible for losses due to the blockchain or any other features of the blockchain. Including but not limited to late reports by developers or representatives (or no report at all) of any issues with the blockchain including forks, technical node issues, or any other issues having fund losses as a result.

15. LIMITATION OF LIABILITY

You understand and agree that, to the fullest extent permitted by law, we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages that you may incur, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages, arising out of or in connection with the terms of use or any communications, interactions or meetings with other users of the services, however, caused and under any theory of liability, resulting from:

(a) the use or inability to use the services; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained; or messages received for transactions entered into through the services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the services; or (e) any other matter relating to the services, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory. The foregoing limitation of liability shall not apply to the liability of us for (i) death or personal injury caused by our negligence; or for (ii) any injury caused by our fraud or fraudulent misrepresentation. you agree and acknowledge that, to the fullest extent permitted by law, we will not be liable to you for more than the greater of (A) the total amount paid to us by you in the transaction or incident that is the subject of the claim or (B) one hundred us dollars (us $100.00). you agree and acknowledge that we have made the services available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. we would not be able to provide the services to you without these limitations. the foregoing limitations of liability apply to the fullest extent allowed by applicable law.

16. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

(a) KINGDOM STORY: HEROES WAR allows the use of blockchain or other similar blockchain technologies. You acknowledge and agree that blockchain and blockchain technologies and associated, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology, and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time, causing an impact on any activities taking place on the blockchain. You acknowledge and agree these risks represent that we cannot be held liable for changes and fluctuations in value or increased costs.

(b) You are solely responsible for any taxes applied to your KINGDOM STORY: HEROES WAR-related transactions, according to your own country’s or region’s tax rules. We are not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract.

(c) There are risks associated with using an Internet-based currency. Including, but not limited to, the risk of hardware, software, internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures. Disruptions, errors, distortions, or delays you may experience when using the blockchain.

(d) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the KINGDOM STORY: HEROES WAR ecosystem, and therefore the potential utility or value of your assets.

(e) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the KINGDOM STORY: HEROES WAR ecosystem, and therefore the potential utility or value of assets.

(f) Upgrades or changes in how transactions are confirmed on the blockchain platform may have unintended, adverse effects on all blockchain applications, including the KINGDOM STORY: HEROES WAR ecosystem.

17. INDEMNIFICATION

You agree to indemnify and hold NEOSONYX PTE. LTD. our Providers, subsidiaries, and affiliates, and our respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

18. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes, or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have the authority to make any such representations or warranties.

19. GENERAL INFORMATION

These Terms constitute the entire legal agreement between you and us, govern your access to and use of the App, the Site, and the Smart Contracts, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Apps, the Site, and the Smart Contracts.

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, and unenforceable, that particular provision is deemed separable from the whole 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 Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them.

You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

You do so on your initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless us from any claims, loss, injury, damage, or costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is made by us of the Product or any use of the Product. Further your use of the Product and all claims arising out of or related to the Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of Singapore, without reference to conflict of laws principles, and you consent to the jurisdiction of the courts of Singapore. The Terms of Service are governed by and constructed following the laws of Singapore, without regard to its conflict of law provisions. You and we hereby agree that any claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of the Service or the relationship between you and us, shall be brought exclusively in the courts located in Singapore.