Privacy Policy

Egate PRIVACY POLICY IMPORTANT: BY USING Egate(“COMPANY” OR “WE“) SERVICES, INCLUDING WITHOUT LIMITATION ANY OF ITS APPLICATIONS OR WEBSITES (THE “SERVICES“) YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION (“PII“) THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED THROUGH THE SERVICES MAY BE PROCESSED BY THE COMPANY IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

At Egate., we recognize that privacy is important. This policy applies to all of the software, services, information, tools, features, and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us at: [email protected]

1/ Information We Collect and How We Use It. In order to provide and improve our Services, we may collect PII, including the following types of information:

1.1/ Information You Provide. For some features of the Services we ask you for personal information, including: name, photo, email address, your social network or third party service provider user ID through which you accessed or registered to the App (e. g. Facebook ID, hereinafter, “App Platforms“).

1.2/ Third Parties. We sometimes supplement the information that you provide with information that is received from third parties. If you access the Services through any App Platforms, or interact with any App Platforms or other social media plug-in in the Services (such as a Facebook “Like” TECHNOLOGIES) we may receive information from your respective social media or App Platforms account, including your account information, photo and any information defined as public pursuant to the policies of such App Platforms and/your settings in the respective App Platform.

1.3/ User Communications. When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you push notifications to send you news and updates in respect of the Services.

1.4/ Aggregated Personal Data. In an ongoing effort to better understand and serve the users of the Services, Company often conducts research on its customer demographics, interests and behavior based on the PII and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

1.5/ User Information. When you use our Services, we may automatically receive and record information from your device and browser, including your IP address, IDFA identifiers (for iOS devices), Identifier for. Advertising (for iOS devices) and Google Advertiser IDs (for Android devices) (such identifiers are collected herein for the following purposes, among other things: frequency capping, attribution, conversion events, estimating the number of unique users, advertising fraud detection, and debugging) cookie information, search history, device ID, Android ID, your regional and language settings, the physical location of your device (if you have permitted your mobile or other location-aware device to transmit location data), network status (WiFi/3G), and software and hardware attributes. We may use your location (city) (if you have permitted your mobile or other location-aware device to transmit location data) to learn how to adjust and personalize your use of the Services. Our systems may automatically record and store technical information regarding the method and nature of your use of the Services, including without limitation which pages of the Services our visitors view, what games they played, their score, game advancement, any actions in-game, virtual content gained and impressions. An IP address is a numeric code that identifies your device on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. The Company uses all of the PII that we collect to understand the usage trends and preferences of our users. We also use aggregate data for monetization.

2/ Cookies; web beacons and third party processors. In order to collect the data described herein we may use temporary cookies that remain on your device for a limited period of time. We may also use persistent cookies that remain on your device until the Company’s application is removed, in order to manage and maintain the services and record your use and advancement in the Services, virtual currency and content you may have gained access to. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your device. Cookies do not damage your device. Most browsers or devices may allow you to block cookies block cookies but you may not be able to use some features on the App if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We may also use web beacons via the Services to collect information. Web beacons or “gifs”, are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if and when an email has been opened and acted upon. We also use third party (including Facebook, see their Data Policy) technologies, such as cookies and web beacons and various third party providers to process and analyze your PII and provide targeted ads, including without limitation tracking your use of the Services and elsewhere on the internet.

You may opt-out of ad-targeting as follows: for websites go to http://www.aboutads.info/choices and http://www.youronlinechoices.eu/, and for Apps change your settings in you device’s limit ad tracking settings.

One of our third party processors is Mixpanel. You can opt-out of Mixpanel’s automatic retention of data collected through your browsers and devices while on our Services by visiting https://mixpanel.com/optout. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device. If you get a new device, install a new browser, erase or otherwise alter their browser’s cookie file (including upgrading certain browsers) you may also clear the Mixpanel opt-out cookie.

We are also using Unity Ads as a processor, whose privacy policy is available at: https://unity3d.com/legal/privacy-policy

3/ Links. Links to other services, sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This privacy statement applies solely to PII collected by us.

4/ Children. If you are a child under the age of 13, you must obtain parental consent prior to using our Services. The Company will not knowingly contact or engage with children under the age of 13 without said parental consent. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.

5/ Information Sharing. As part of providing the Services and/or generating and processing analytics, our affiliates, agents representatives and third party providers may have access to your PII. The Company may also share PII in the following circumstances: (a) as required for the provision, maintenance and improvement of the Services; (b) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets; and/or (c) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof.

6/ Information Security. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

7/ Data Integrity, Accessing and Updating Personal Information. The Company processes PII only for the purposes for which it was collected and in accordance with this policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.

Upon receipt of your written request and enough information to permit us to identify your PII, we will disclose to you the PII we hold about you. Upon your request, we will also correct, amend or delete any PII that is inaccurate. We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete PII are subject to any applicable legal and ethical reporting or document retention obligations imposed on the Company. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.

8/ Enforcement. The Company regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.

9/ Changes to This Privacy Policy. The Company may update this policy. We will notify you about significant changes in the way we treat PII by sending a notice to the primary email address specified in your account or by placing a prominent notice on the App. We encourage you to periodically review this policy for the latest information about our privacy practices.

10/ Consent To Processing. By providing any PII to us pursuant to this policy, all users, including, without limitation, users in the United States, VietNam and member states of the European Union, fully understand and unambiguously consent to this policy and to the collection and processing of such PII abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country. By submitting your PII through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this policy. If you do not consent to the terms of this policy, please do not use the Services.

11/ Questions. If you have any questions about this policy or concerns about the way we process your PII, please contact us at [email protected] If you wish to delete all information regarding your use of the Services, please contact us at [email protected]

12/ Your California Privacy Rights and Do Not Track Notices

 

Terms of Use

These following Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Acdom(“we”, “us”, or “our”) regarding your access to and use of the www.Acdom.io website and the Ancient Kingdom 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”). Ancient Kingdom 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 battle as well as own, trade heroes with different rarities. These assets can then be visualized on a website that the user can interact with the Site. 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 battle and trade with other App users.

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 FOR USING 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 points in the future 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 are able to 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 changelogs 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 of 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. As a matter of fact, people who make their decisions to access the Site and/or the App from outside from 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 are applicable to them to some extent.

Our product is intended for users who are at least 18 years old. People under the age of 18 are not permitted to any form of using our assets including the Site, the App, and the Smart Contract. Such approaching people are asked to return immediately upon trying to access our product.

1/ INTELLECTUAL PROPERTY COPYRIGHT

Apart from other noted indications, the Site and the App and the Smart Contract are our proprietary properties as well as all source codes, databases, functionalities, softwares, website designs, audios, 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:

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

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

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

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

(5) 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 alike;

(6) You will not use the Site, the App, and the Smart Contract for committing any illegal and unauthorized purpose;

(7) 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, not up-to-date, we have the right to suspend or terminate your accounts and refuse to approve your any action regarding any current or future activities of the Site, the App, and the Smart Contract.

(8) You can only own one account attaching to one device at a time;

(9) 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 out any illegal activities, we will make a prompt intervention and resolve to 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 that such username is inappropriate or appears as irritation to other users.

4. WALLETS and DIGITAL ASSETS

Ancient Kingdom allows its users to access and manage BEP20 digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your own 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.

Ancient Kingdom does not maintain any blockchain wallets. You hereby acknowledge and agree that Ancient Kingdom has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.

5. PROHIBITED ACTIVITIES

You may not access or use the Site, the App, and the Smart Contract for any purpose other than those for which we make the Site, the App, and the Smart Contract available. The Site, the App, and the Smart Contract may not be used in connection with any commercial activities if not approved by our legal teams in Egate.

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.

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.

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

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

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.

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

Making improper use of our support services or submit false reports.

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, robots, data extraction tools, and alike.

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

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

Selling or transferring your game account.

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

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 things commercial purposes.

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

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

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.

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

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

Uploading or transmitting viruses, Trojan horses, or anything alike, 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.

All types of activities, all forms of action which pose as a law and regulation violation.

the total value of that transaction. You should have a clear understanding that the commission will be transferred directly to us through the Blockchain as a part of the transaction.

As a matter of fact, we (we and you users) will be legally responsible for paying any types of cost, duty, and tax as your government requests. Such numbers will vary according to your jurisdictions and countries as well as the national laws and regulations.

We have no liability and will provide no data, no support to you in such processes.

6. SUBMISSION

You should have a full understanding and an agreement that any question, comment, suggestion, idea, feedback or other forms of information regarding using the Site, the App and the Smart Contract (“Submissions”) provided by you to us are non-confidential and should eventually become our properties. We are eligible for the unrestricted use and of these Submissions to any lawful purposes, commercial activities without notifying you of our acknowledgment or compensation. You also should be aware of the discretion of any content-related you submit to the Site, the App, and the Smart Contract. Everything that poses a violation against the laws and regulations will be completely removed without notification.

7. THIRD-PARTY WEBSITE AND CONTENT

Third-party websites are the Site and/or App that links you to other websites,

Third-party contents are articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.

We are not responsible for any Terms of Use of any Third-Party Websites you accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App. We do not hold responsible for any of the following: content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Contents.

If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Use you are reading are no longer effective. At this point, the Terms of Use of the Third-Party Websites you are using are effective. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App.

Any purchase you make through Third-Party Websites is no longer within our Terms of Use, so we are not responsible for any problem that arises from the purchase. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services.

Additionally, any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites are not our responsibilities.

8. ADVERTISER

We provide areas within the Site and the App for advertisements and other information. Advertisers are fully responsible for the reliability of the advertisements, including the services and products. These advertisements should not violate any rules, and advertisers must prove that they have the following rights, but are not limited to, intellectual property rights, publicity rights, and contractual rights. We hold no responsibility if there are any violations regarding these rights.

9. TERMINATION

These Terms of Use remain in full force and effect while you use the Site, the App, and the Smart Contracts. We reserve the right and are able to conduct the following actions as of our own sole discretion and without informing you of any notice or liability: deny access to and use of the Site, the App, and the Smart Contracts (including blocking IP Addresses) to any person for breach of any presentation, warranty, or covenant contained in these Terms of Use. We may terminate your use or participation in the Site, the App, and the Smart Contracts or delete your account without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. DISCLAIMERS

You expressly understand and agree that your access to and use of the Site, the App, and the Smart Contracts are at your sole risk and that the Site, the App, and the Smart Contracts are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the site, the app and the smart contracts and any part of it (including, but not limited to, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that:

(i) your access to or use of the Site, the App, and the Smart Contracts will meet your requirements,

(ii) your access to or use of the Site, the App, and the Smart Contracts will be uninterrupted, timely, secure or free from error,

(iii) usage data provided through the Site, the App, and the Smart Contracts will be accurate,

(iv) the Site, the App and the Smart Contracts or any content, services, or features made available on or through the Site, the App and the Smart Contracts are free of viruses or other harmful components, or

(v) that any data that you disclose when you use the Site, the App, and the Smart Contracts will be secured. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

You accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

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, Ethereum network, or the Metamask electronic wallet.

HEROES are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All smart contracts are conducted and occur on the decentralized ledger within the ronin network. Egate has no control over and makes no guarantees or promises with respect to the smart contract. Ancient Kingdom is not responsible for losses due to the blockchains or any other features of the Blockchain. Including but not limited to late report 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.

11. LIMITATION OF LIABILITY

You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may have, including, but not limited to, any loss of profits (both directly and 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.

You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, the app, and the smart contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of

(a) the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or

(b) one hundred (100) US dollars.

You agree and acknowledge that we have made the Site, the App, and the Smart Contracts 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 Site, the App, and the Smart Contracts to you without these limitations.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.

12. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

(1). The prices of blockchain assets are easy to change because the fluctuations in the price of other digital assets could materially and adversely affect the value of your HEROES, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of HEROES will not lose money.

(2). You are solely responsible for any taxes apply to your HEROES-related transactions, according to your own country’s or region’s tax rules. Ancient Kingdom is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract.

(3). The App does not store, send, and receive HEROES. This is because HEROES exist only by virtue of the ownership record maintained on the App’s supporting blockchain. Any transfer of HEROES occurs only on the Blockchain.

(4). There are risks and limitations associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and 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 Ancient Kingdom will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain.

(5). A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Ancient Kingdom ecosystem, and therefore the potential utility or value of HEROES.

(6). The current state of regulations regarding blockchain technologies, cryptocurrencies, and tokens is uncertain. When new regulations or policies are introduced, they may materially adversely affect the development of the Ancient Kingdom ecosystem, and therefore the potential utility or value of HEROES.

13. INDEMNIFICATION

You agree to indemnify and defend us, including our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:

(1) use of the Site,

(2) breach of these Terms of Use,

(3) any breach of your representations and warranties set forth in these Terms of Use,

(4) your violation of the rights of a third party, including but not limited to intellectual property rights, or

(5) any overt harmful act toward any other use of the Site, the App, and the Smart Contracts with whom you connected via the Site, the App, and the Smart Contracts.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. 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 regular 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.

15. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site, the App, and the Smart Contracts, or in respect to the Site, the App, and the Smart Contracts constitute 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, 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 virtue of having drafted them.