Terms and
Conditions of Use

1. Object and Purpose

The following Terms and Conditions of Use (these “Terms”) are set forth to define the rights and responsibilities of Digital Entertainment Asset Pte., Ltd. (the “Company”) and users of the game service (the “User”) and apply to any and all issues relative to rights and responsibilities of either the Company or User. By downloading, installing and or accessing all or part of this game, the User is considered to have read, understood, and agreed to these Terms and privacy policy. Users who do not agree to these Terms and or the privacy policy are not permitted the use of the game.

2. Definitions

2.1 “The Game”: the game to which these terms and conditions apply shall be defined as the online games "PlayMining Game Series" (including but not limited to “JobTribes”, “Lucky Farmer”, and “Graffiti Racer”) provided by the Company as defined in these Terms.
2.2 “PlayMining ID”: shall be defined as the ID required to be created using the process set forth by the Company.
2.3 “Game Data”: shall be defined as any and all information related to the use of the Game by the User including the use history, the characters created by the User, the parameters such as ability values attributed to a character, obtained items, and obtained in-game currency.
2.4 “PlayMining NFT”: shall be defined as the Company’s online auction service, “PlayMining NFT”.
2.5 “NFT”: shall be defined as any art pieces purchased on PlayMining NFT which can be referenced within the game.

3. Use of the Game

The creation of a PlayMining ID is required for the use of the Game, saving any game data and continued use of the game. The User shall create a PlayMining ID through the process set forth by the Company with the information required by the Company.

4. Suspension, Restriction, and Cancellation of Use of Game

The Company reserves the right to suspend, restrict, or cancel the use of the Game by a User if any or all of the following conditions are found by the Company to apply.
(1) The User is found to have committed any acts in violation of these terms and conditions, or any other restricted actions as defined by the Company.
(2) The use of a PlayMining ID by a third party is found.
(3) Any other action or event in which the Company finds the continued use of the game by the User is unsuitable for continued use of the game.

5. Game Data

The User has the right to use the Game Data for any game title for which the Game Data can be applied and or within the scope and or purpose of use set forth by the Company. The User is not permitted to use said Game Data outside of the scope set by the Company, nor is the Game Data transferable for the use by a third party. The Company reserves the right to delete, transfer, or change the User’s Game Data if any or all of the following circumstances are found to apply.
(1) In the event services for the Game for which the Game Data can be used is terminated.
(2) In the event the operation of the Game title service is transferred to a third party.
(3) The User is found to have violated these Terms (including but not limited to the event the User’s Game Data and or the creation process thereof is found to be in violation of these Terms).
(4) When deemed necessary for technical reasons such as the Game Data exceeding a predetermined capacity.
(5) Any and all other circumstances in which the Company deems it necessary.
The Company is not obligated to change or adjust the User’s Game Data in any way.

6. Obtaining In-Game Currency

The User shall have the ability to obtain in-game currency through actions within the Game (such as login bonuses and battle awards). The User will be able to obtain the in-game currency only through the conditions and restrictions as designated by the Company.

7. Use of In-Game Currency

The User may use the in-game currency and receive the corresponding item(s) as specified by the Company in a manner determined by the Company, within the account balance. When the User receives a corresponding item, the in-game currency used to receive said item will be deleted. The balance of in-game currency shall be recorded on the Company’s server along with the User’s PlayMining ID. In-game currency obtained by a specific PlayMining ID can be used as long as the corresponding PlayMining ID is used. Responsibility for the management of in-game currency is deemed to be that of the User. The Company shall not for any reasons cancel or withdraw the use of in-game currency, or exchange in-game currency for cash, other virtual currency, or items other than the corresponding items. Sale, loan, gift, or any other transfer of in-game currency to a third party by the User is not permitted. The User shall use the in-game currency within the scope and restrictions as set forth by the Company.

8. Deletion of In-Game Currency

Regardless of circumstances, any remaining balance of in-game currency attached to a specific PlayMinig ID shall be eliminated upon the event of the PlayMining ID being deleted. In the event of in-game currency being eliminated, the Company is not responsible for nor guarantees the in-game currency and the User shall not be entitled to any payment, refund, compensation or reimbursement of any kind from the Company in respect to the cancelled in-game currencies unless the loss of in-game currency is found to be the deliberate fault or due to gross negligence on the part of the Company.

9. Prohibition of redemption of in-game currency

The Company will not under any circumstances, other than those dictated by law, redeem in-game currency to cash.

10. Referencing NFT

The User shall be able to reference NFT purchased at PlayMining NFT within the Game through methods dictated by the Company. Detailed terms and conditions pertaining to the sale and purchase, etc., of NFT shall be regulated by the PlayMining NFT terms and conditions of use.

11. Fees

Use of the Game shall be free of charge. [HT1] [legal2] However, any communication facilities or telecommunication fees incurred due to the use of the Game shall be the sole responsibility of the User.

12. Ownership of Property Rights

All intellectual property rights pertaining to the Company’s services (including all source code, database, functions, software, website design elements, audio, video, text, photographs, graphics, etc.), and the trademarks, service marks, and or logos (hereinafter, the “Marks”) are owned, controlled by, or licensed to the Company. The User shall not own any intellectual property rights in or to the Game, except for the right to use them in accordance with these Terms. The User is prohibited from reproduction, transfer, loan, translate, alter, reprint, reuse, and or approval of the use thereof to a third party of the Game, and or the images, video, audio, logo, text, program, or any other content pertaining to the Game website under any circumstances.

13. Restrictions

The following are prohibited by the Company as to relates to the use of the Game by Users.
(1) Engage in defamatory, threatening, make unreasonable demands of or engage in behavior or actions which cause discomfort to others including but not limited to sexual, racist, antisocial behavior, etc.
(2) Behavior which disrupts the Company’s operations of the Game or business operations including but not limited to excessive contact, defamation, threats and or unreasonable demands, etc.
(3) False representation as a Company representative, other User, or other third party with the intent to impersonate and or deceive others.
(4) Attempt to defame a third party, etc., and or any other actions attempting defame or damage a third party.
(5) Engaging in advertising, trade, exchange of goods, religious activities and or solicitation unrelated to the Game.
(6) Criminal and or illegal conduct, including any conduct which is illegal under the laws of this or any other country.
(7) Behavior which goes against general public order and decency.
(8) Discriminatory or prejudice behaviors against religion, race, sex, ethnicity and or human rights, etc.
(9) Behavior, actions, or the offering of information inductive of suicide or self-harm, or any other actions which infringe on the rights of a third party and or are responsible for infringement of local, national and or international laws and regulations.
(10) Actions which are inductive of illegal substances and or the furnishing of information thereof.
(11) Sharing of information and or the dissemination of lewd, violent, criminal information including child pornography and or abuse of children.
(12) Actions which infringe on, or cause damage to, the sound upbringing of underage persons.
(13) Actions which attempt to gather, store, or publicly release personal information of other Users and or a third party, etc.
(14) Actions which attempt to loan, exchange, transfer, change ownership of, sell, pawn, offer as collateral, or otherwise offer the use of all or part of a PlayMining ID and or Game data to a third party.
(15) The possession of multiple PlayMining IDs.
(16) Any act of systematically obtaining data or other content from a game in order to collect, compile, create a database or a directory, directly or indirectly, without written permission from the Company
(17) Actions which circumvent, disable, or otherwise interfere with the technological measures and or security related features implemented by the Company including functions which prevent or restrict the use and or copying of information and or data or enforce limitations on the use of the Game or the data contained therein or attempt to do so.
(18) Use of any data mining, scraping, robots and or similar techniques to gather or extract data.
(19) Use of the Game with or without intent in a manner that abuses or interferes with the Company’s network or services.
(20) Uploading or transmission of viruses, Trojan horses, malware, corrupted data, or otherwise harmful files (or the attempt to do so) with the intent of interrupting, disrupting, altering, impair or destruct the Game’s use, features, control and or maintenance thereof.
(21) Use or creation of applications and or software not intended by the Company to operate the Game.
(22) Decompile, disassemble, reverse engineer or otherwise analyze the Game.
(23) Actions which fully or partially copy the Game for redistribution, sale, or loan.
(24) Encouragement, abetting, aiding, facilitating, supporting, or enabling the foregoing acts or attempts thereof.
(25) Any and all other actions in violation of these terms and conditions and or laws, etc.
(26) Actions which can be deemed to be similar to, or are in collusion with the above prohibited actions.
(27) Any and all other actions or behaviors the Company deems inappropriate.

14. Personal Information

The Company shall handle personal information gathered from the User pursuant to the Privacy Policy.

15. Suspension, Termination or Changes to the Game

The Company withholds the right to change the Game in its entirety or partially without advance notice to the User. The Company withholds the right to terminate service of the Game entirely or partially as it deems fit. In the event of termination of all or part of the Game the Company shall, barring unforeseen circumstances, notify or announce to the User in a manner deemed befitting in advance of termination.
The Company reserves the right to suspend services of the Game temporarily or for long periods of time in the event of any of the following circumstances. In this event, the Company shall notify or announce to the User of the suspension in advance in a matter deemed befitting.
(1) The hardware, software, and or telecommunications facilities require either scheduled or emergency maintenance.
(2) Interruption of telecommunication lines and or services.
(3) Force majeure including but not limited to natural disaster, fire, electrical power outages or other unforeseen accidents, war, international or domestic conflict, riot, strikes, etc.
(4) Any other event for which the Company deems suspension of Game services necessary.

16. Warranties and Disclaimers

The Game shall be provided in its present state and the User holds responsibility for the use of the Game. The Company assumes no liability or responsibility for, explicit or inexplicit product quality, and or suitability for a specific stated or unstated goal, of the Game, including but not limited to the following.
(1) Stable operation of the Game.
(2) Absence of bugs or other defects in the Game.
(3) Reliability or completeness of the Game.
(4) The ability to use the Game on specific equipment.
(5) That the Game will not adversely affect a specific type of equipment when used.
(6) Reliability, effectiveness, and or inaccuracies of any information contained in or obtained through the Game by the User.
(7) The Game Data to be fully retained.
(8) The Game does not partially or entirely infringe upon intellectual property rights, etc., of a third party.
The Company shall assume no liability or responsibility for any loss of or damage of any kind incurred as a result of (1) errors, mistakes, inadequacies or inaccuracies of content, (2) personal injury or property damage of any nature whatsoever resulting from the User’s access to and or use of the services, (3) any unauthorized access to or use of the secure servers and or any and all personal information and or financial information stored therein, (4) any interruption or suspension of transmission to or from the service, (5) any bugs, viruses, trojan horses, which may be transmitted or attempt to do so through the Game by a third party, (6) content error or omissions.

17. Indemnity

When the User causes any damage to the Company arising out of (A) the User’s use of the Game, (B) violation of these Terms and Conditions, (C) any other cause attributable to the User, the User agrees to indemnify and hold the Company (to include its agents, subsidiaries, directors, board members, employees, and business partners) harmless from and against any and all disputes, demands, liabilities, damages, losses and expenses claims by a third party.

18. Limitation of Liability

Excluding the event in which the Company is found to be in gross negligence or at fault, the Company shall not be liable for any or all damages (including indirect, consequential, punitive, statutory, or special damages, regardless of whether based on lost profits, lost sales, loss or alteration of data, loss or elimination of in-game currency, or any other cause of damages including but not limited to breach of contract, illegal activities, indemnity, or breach of warranty) suffered by the User. This is regardless of the company being advised of the possibility prior to the incident.

19. Changes to Terms and Conditions

The Company reserves the right to change, amend, add or partially delete portions of the Terms and Conditions at any time. Notification of any changes, amendments, additions and or deletions to the Terms and Conditions shall be notified to the User on the Game’s official website (https://graffitiracer.playmining.com/en/) or within the Game. Access to or use of the Game after any changes are made to the Terms and Conditions shall be deemed agreement to the changes by the User. In the event the User does not agree to the amended Terms and Conditions, it will be the User’s responsibility to terminate the use of the Game.

20. Severability

In the event the Terms and Conditions are partially invalidated, all other terms and conditions contained herein shall remain in effect.

21. Governing Law

These Terms and Conditions shall fall under the jurisdiction of Singapore and its governing laws and regulations.

22. Jurisdiction

Any dispute relating to these Terms and Conditions shall be resolved by arbitration at the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of one arbitrator and the language of arbitration shall be English.