Terms Of Service

Welcome to Tales of Kumas, a website that allows you to create and share interactive stories with other users. These Terms of Service (โ€œTermsโ€) govern your access and use of our website, services, and content (collectively, the โ€œServicesโ€). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

Acceptance of Terms

These Terms constitute a legally binding agreement between you and Tales of Kumas (โ€œweโ€, โ€œusโ€, or โ€œourโ€). You represent and warrant that you are at least 13 years old and have the legal capacity to enter into this agreement. If you are under 13 years old, you must have the consent of your parent or legal guardian to access and use our Services. You also represent and warrant that you are not prohibited from accessing or using our Services by any applicable laws, regulations, or sanctions.

Changes to Terms

We reserve the right to modify or update these Terms at any time and for any reason, at our sole discretion. We will notify you of any changes by posting the updated Terms on our website or by sending you an email. Your continued access or use of our Services after the effective date of the changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop accessing or using our Services.

Rules and Regulations for User Behavior

You are responsible for your own conduct and content while accessing or using our Services. You agree to comply with all applicable laws, regulations, and policies when accessing or using our Services. You also agree not to:

  • Use our Services for any illegal, fraudulent, harmful, or unauthorized purposes.

  • Interfere with or disrupt the operation or security of our Services or any third-party services or networks connected to our Services.

  • Transmit or upload any viruses, malware, or other harmful code or content to our Services or any third-party services or networks connected to our Services.

  • Attempt to gain unauthorized access to our Services or any third-party services or networks connected to our Services.

  • Harvest, collect, or use any personal information of other users without their consent.

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

  • Infringe or violate the intellectual property rights, privacy rights, or other rights of us or any third party.

  • Create, upload, share, or distribute any content that is unlawful, defamatory, obscene, pornographic, violent, hateful, harassing, abusive, threatening, discriminatory, or otherwise objectionable.

  • Encourage or promote any illegal activity, violence, discrimination, or harm to us, other users, or any third party.

  • Spam, solicit, advertise, or promote any products, services, or websites that are not related to our Services without our prior written consent.

Consequences for Violating Rules

We reserve the right to monitor, review, remove, edit, block, suspend, terminate, or take any other action we deem appropriate regarding your conduct and content on our Services. We may also report your conduct and content to law enforcement authorities if we suspect that it violates any applicable laws, regulations, or sanctions. We are not liable for any damages or losses arising from your conduct and content on our Services.

Terms for Terminating a Userโ€™s Account

You may terminate your account at any time by following the instructions on our website or contacting us by opening ticket at Kumaverse Discord. We may also terminate your account at any time and for any reason, with or without notice to you. Upon termination of your account:

  • You will lose access to all features and content associated with your account.

  • You will forfeit any unused virtual currency and virtual goods in your account.

  • We may delete all content associated with your account from our servers.

  • We may retain some information about your account for legal purposes.

Termination of your account does not affect your obligations under these Terms.

Proprietary Rights

We own and retain all rights in and to our Services and all related intellectual property rights. Our Services are protected by applicable laws and international treaties. You acknowledge and agree that you do not acquire any ownership rights in or to our Services by accessing or using them.

You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, display, and perform any content that you create, upload, share, or distribute on or through our Services for the purpose of operating, developing, improving, and promoting our Services and other products and services that we offer or may offer in the future. You also grant us the right to sublicense these rights to our affiliates, partners, and third-party service providers.

You represent and warrant that you have all the rights and permissions necessary to grant us the license to your content and that your content does not infringe or violate the rights of any third party.

Service Availability and Interruptions

Our Services are normally available 24/7, but there may be occasions when they are temporarily unavailable or interrupted for technical or maintenance reasons. These reasons may include, but are not limited to, system updates, upgrades, repairs, backups, security checks, or other circumstances beyond our control. We will try to minimize the frequency and duration of such interruptions and notify you in advance whenever possible. However, we cannot guarantee that our Services will always be uninterrupted or error-free. We are not liable for any damages or losses that you may suffer as a result of any service availability or interruption issues.

Advertisements

Advertisements We may display advertisements on our Services, which are not based on your preferences, activities, or location. We do not endorse or guarantee any products, services, or websites that are advertised on our Services. You are solely responsible for any interactions or transactions you have with any advertisers on our Services.

Third-Party Advertisers

We may allow third-party advertisers to display advertisements on our Services, which are not based on your preferences, activities, or location. We do not control or endorse any third-party advertisers or their advertisements. You are solely responsible for any interactions or transactions you have with any third-party advertisers on our Services.

Please note that the third-party advertising is not affiliated with Discord and Tales of Kumas.

Third-Party Websites and Services Our Services may contain links to or integrate with other websites and services that are not owned or controlled by us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-partyโ€™s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You also agree to comply with the terms and conditions of any third-party advertisers, websites, and services that apply to you. You are solely responsible for any interactions or transactions you have with any third-party advertisers on our Services. You also agree to comply with the terms and conditions of any third-party advertisers that apply to you.

Incentivized Advertising

Our Services may offer you the opportunity to view or interact with advertisements that provide rewards or incentives in exchange for your engagement. These rewards or incentives may include virtual currency, items, features, benefits, or discounts for our Services or for other products or services. The type, amount, and availability of rewards or incentives may vary depending on the advertisement and the advertiser.

You agree that:

  • You will only view or interact with incentivized advertisements voluntarily and at your own discretion.

  • You will only receive rewards or incentives if you meet the eligibility and completion requirements of the advertisement.

  • You will not use any fraudulent, abusive, or unlawful means to view or interact with incentivized advertisements or to obtain rewards or incentives.

  • You will not sell, trade, transfer, or exploit any rewards or incentives for any purpose.

  • You acknowledge that we do not control or endorse any incentivized advertisements or their rewards or incentives.

  • You acknowledge that we are not responsible for the delivery, quality, availability, or legality of any rewards or incentives.

  • You acknowledge that we may modify, suspend, terminate, or remove any incentivized advertisements or their rewards or incentives at any time without notice or liability to you.

Virtual Currency and Virtual Goods

We may offer virtual currency and virtual goods on our Services, which may be purchased with real money or earned through certain activities on our Services. Virtual currency and virtual goods are not redeemable for real money or any other form of value. Virtual currency and virtual goods are subject to availability and may be changed, modified, or discontinued by us at any time and for any reason, without notice or compensation to you. Virtual currency and virtual goods are non-transferable and non-refundable, except as required by law or stated in these Terms or in the specific terms and conditions of the virtual currency and virtual goods. You are solely responsible for managing and safeguarding your virtual currency and virtual goods. We are not liable for any loss or theft of your virtual currency and virtual goods.

Purchasing Virtual Currency and Virtual Goods

Tales of Kumas offers the opportunity to acquire Virtual Currency and Virtual Goods within our services. These can be purchased from us or our authorized third-party store using real-world currency, subject to the following terms:

  • You must be a legal adult in your country of residence to purchase Virtual Currency and Virtual Goods.

  • Purchasing Virtual Currency or Virtual Goods does not grant you any ownership or property rights. Instead, you receive a limited, personal, revocable license to use them within our Services, in line with these Terms and our policies.

  • Virtual Currency and Virtual Goods hold no monetary value and cannot be redeemed, exchanged, refunded, or transferred for any real-world money, goods, or services, unless we explicitly permit such actions.

  • We reserve the right to modify, remove, or revoke any Virtual Currency or Virtual Goods at any time, for any reason, without any liability or compensation to you.

  • Unauthorized transfers or trades of Virtual Currency or Virtual Goods outside of our Services, or any sale, gift, or exchange of anything that originates from or appears in our Services, are strictly prohibited unless we expressly authorize such transactions in writing. Any such transactions or attempted transactions are void and may result in the termination of your account.

Purchasing Pawz

In addition to Virtual Currency and Virtual Goods, Tales of Kumas also allows you to purchase Pawz from Kumaverse NFT holders via Metamask on the Ethereum network. Pawz are a unique type of Virtual Currency that also serve as Tokens. NFTs Tokens are unique digital assets stored on a blockchain network, such as Ethereum. When you purchase Pawz from a Kumaverse NFT holder using Metamask, you agree to the following terms:

  • You must have a valid Metamask account and wallet to purchase Pawz from a Kumaverse NFT holder.

  • You must comply with the terms and conditions of Metamask and Ethereum when purchasing Pawz from a Kumaverse NFT holder.

  • When you purchase Pawz from a Kumaverse NFT holder using Metamask, you acquire the ownership and property rights in the Pawz Token on the Ethereum blockchain. You can use the Pawz Token within our Services as a Virtual Good, subject to these Terms and our policies. You can also trade or sell the Pawz Token on any third-party marketplace that supports Ethereum Token, subject to the terms and conditions of such marketplace.

  • Kumaverse is not responsible for any transactions or disputes that occur outside of our Services when you purchase or sell Pawz from or to a Kumaverse NFT holder or any other party. You assume all risks and liabilities associated with such transactions.

  • We reserve the right to monitor, investigate, report, suspend, terminate, or take any other action we deem appropriate regarding any transactions or activities involving Pawz that violate these Terms, our policies, or any applicable laws or regulations. Any scam attempts involving Pawz will result in a ban from the server, deletion of the offender's account, and their inclusion on a scammers list.

Approved Third-Party Services

Currently, the following services have been approved for third-party trading. The exchange of virtual currency or virtual goods for currencies, goods, or items within services not listed below is a violation of these Terms.

  • Claiming and trading $PAWZ from https://kumaverse.xyz/

You agree to comply with the terms and conditions of any approved third-party services that apply to you. We do not control or endorse any approved third-party services or their activities. You are solely responsible for any interactions or transactions you have with any approved third-party services. We are not liable for any damages or losses arising from your use of any approved third-party services.

Handling User Data

We respect your privacy. Please read our Privacy Policy, which is incorporated into these Terms by reference, to learn how we collect, use, and share your personal information when you access or use our Services.

Scripting, Botting, and Cheating

You agree not to use any scripts, bots, cheats, hacks, exploits, or other unauthorized software or methods to access or use our Services, gain an unfair advantage over other users, manipulate the results or outcomes of our Services, or otherwise interfere with the integrity or functionality of our Services. We reserve the right to monitor, detect, prevent, and take action against any scripting, botting, cheating, hacking, exploiting, or other unauthorized activities on our Services. We are not liable for any damages or losses arising from such activities.

Payment Methods

You may purchase our Paid Services using various payment methods available on the Services, such as credit cards, debit cards, PayPal, or other third-party payment processors (โ€œPayment Methodsโ€). You agree to provide accurate and complete payment information and to comply with the terms and conditions of your Payment Method. You also authorize us or our authorized third-party payment processors to charge your Payment Method for the amount of your purchase of our Paid Services. You are responsible for any additional charges or fees imposed by your Payment Method or any third-party payment processor.

Refunds and Cancellations Policy

All sales of our Paid Services are final and non-refundable, unless otherwise required by law or stated in these Terms or in the specific terms and conditions of the Paid Services. You may cancel your subscription to any recurring Paid Services at any time before the next billing cycle by following the instructions on the Services or contacting us by opening ticket at Kumaverse Discord. However, you will not receive a refund or credit for any unused portion of your subscription. We reserve the right to cancel or suspend your access to any Paid Services at any time and for any reason, with or without notice to you, as described in the โ€œConsequences for Violating Rulesโ€ section above. In such cases, you may be entitled to a partial or full refund, at our sole discretion.

Certain content and services available via our Service may include materials or links from third-parties. Third-party links on this site, bot or service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-partyโ€™s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Intellectual Property Rights and Responsibilities

Our Services and all related intellectual property rights, such as copyright, trademarks, and patents, are owned by or licensed to us, Tales of Kumas. You agree to respect and not infringe or violate our intellectual property rights or those of any third party.

You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services, unless we have given you our written permission. You must not use any cheats or tools that give you access to or modify any elements of our Services, such as Virtual Currency or Virtual Goods.

We own or have the license to use all the copyright, trademarks, and other intellectual property rights in and related to our Services (except for Content that belongs to Users). Everything on our Websites and in our Services is our property or the property of our affiliates. You canโ€™t copy, distribute, make available to the public or make any changes to our Services or any part of our Services unless we agree to it in writing. You canโ€™t use any cheats or tools that give you access to or change anything in our Services, such as Virtual Money or Virtual Goods.

You must not use any trademarks, logos, names, or other distinctive features that belong to us or any third party without prior written permission from the owner. This includes but is not limited to โ€œTales of Kumasโ€, โ€œKumaverseโ€, โ€œPawzโ€, and any other marks that appear or originate in our Services.

When you submit Content via our Services, such as stories, characters, images, or sounds, you represent that you have the right and authority to do so. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your Content in any media and for any purpose. You also waive any moral rights you may have in your Content, such as the right to be credited as the author or the right to object to any changes.

If you believe that any materials hosted by us infringe your intellectual property rights, please contact us by opening a ticket at Kumaverse Discord and provide the following information: a description of your intellectual property rights and how they have been infringed; a description of the infringing materials and where they are located; your contact details; and a statement that you are acting in good faith and that the information you provide is accurate and truthful.

Modifications to the Service

We reserve the right to modify or discontinue all or part of our Services at any time, without any notice or liability to you. This includes, but is not limited to, changing the features, content, design, or functionality of our Services. Some of the reasons why we may modify our Services are:

  • To address technical issues or improve user experience;

  • To comply with legal obligations or respond to legal claims;

  • To align with our business objectives or strategies; or

  • To reflect changes in the Services we offer.

By continuing to access or use our Services after any modification, you agree to be bound by the updated terms of use. If you do not agree to the modification, you must stop accessing or using our Services.

Warranties

Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.

The Service is provided to you under these Terms on an as is basis without warranty of any kind, either express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. To the fullest extent permitted by law, we exclude all warranties, conditions, terms, representation or undertaking, whether implied by statute or otherwise, in respect of the Service.

Without limiting the above section, we make no representation concerning the quality of the Service and do not promise that the Service will:

  • meet your requirements or be suitable for a particular purpose; or

  • be secure, free of viruses or other harmful code, uninterrupted or error free.

If you are accessing and using the Service for the purpose of trade, the parties agree that:

  • to the maximum extent permissible by law, any applicable consumer protection law does not apply to the supply of the Service or these Terms; and

  • it is fair and reasonable that the parties are bound by this clause.

Despite anything to the contrary in these Terms, if you are accessing and using the Service as a consumer, then nothing in these Terms has the effect of contracting out of any consumer protection law (including any warranty) in respect of which we cannot contract out. However, to the extent that our liability cannot be limited under that law, then our liability is limited, at our option, to:

  • supplying the Service again; and/or

  • paying the costs of having the Service supplied again.

Liability

To the maximum extent permitted by law:

  • you use the Service at your own risk;

  • We and our affiliates, directors, officers, employees, agents, and licensors are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or reputation; personal injury; property damage; or any other damages resulting from or relating to your access or use of our Services or any content on our Services. This limitation applies whether the damages are based on contract, tort, negligence, strict liability, or any other legal theory; and whether we have been advised of the possibility of such damages.

  • Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence or fraud.

  • we are not liable or responsible to you or any other person for any claim, damage, loss, liability and cost under or in connection with these Terms, the Service, or your use (or inability to use) the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise; and

  • our maximum aggregate liability under or in connection with these Terms relating to the Service, will not exceed USD 1$

If the section titled โ€œWarrantiesโ€ does not apply to you, our maximum aggregate liability relating to Licensed Add-ons, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited, at our option, to:

  • resupplying the Licensed Add-on so it meets the requirements of these Terms; and/or

  • refunding the Fees paid by you for the relevant Licensed Add-on.

Neither party is liable to the other under or in connection with these Terms or the Service for any:

  • loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill

Please review it carefully and make sure it meets your needs and expectations. If you have any questions, feedback, or suggestions, please feel free to contact us by opening ticket at Kumaverse Discord. We appreciate your cooperation and understanding. Thank you for using our Services.

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