Terms of Service
DarleyGo Terms of Service
The usage of our game and/or services is tantamount to concluding a contract with us under the conditions set out in this Terms of Service (“Terms of Service”, or “Agreement”). The DarleyGo website and/or the DarleyGo platform refer to the domain, http://www.darleygo.io, and all contents, whether by sub-domains, files and/or programs, contained thereunder (“Website”, or “Platform”).
The terms “With us”, “the Company”, “we” or “us” refer to PTE Games Holdings Ltd (“PTE”), which is based in the British Virgin Islands. For the purposes of this Agreement, you will be called a “customer”, “player” or “user” wherever applicable. Wherever a singular expression is used in this Agreement, that expression is considered as including the plural where required by the context.
The contract is concluded electronically between you and PTE upon the creation of an account on the Website, and/or by performing the activities described on the Platform.
Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using our Platform, you signify your acceptance, assent, and agreement to these Terms of Service. If you do not agree to these Terms of Service, then you are not authorized to continue to use our Platform.
1. About Us
1.1 PTE is the owner of the brand “DarleyGo” (Registration No. 2084455) (“we”, “our” and “us”), an International Business Company incorporated in the British Virgin Islands in Intershore Chambers, Town Road, Tortola, BVI. PTE is the developer of the DarleyGo game (the “DarleyGo Game”), which is currently running on the Solana Chain and uses smart contracts we have developed. The DarleyGo Game allows players to own, race, breed, and train their non-fungible tokens (NFT) horses (“DarleyGo NFT”) and other digital assets that can be purchased in in-game marketplaces. The DarleyGo Game can be accessed through the DarleyGo official website.
3. Using DarleyGo
3.1 Restrictions are in place to prevent abuse of the game and its users. DarleyGo is only available for users above the age of 18. We shall not be responsible for the false creation of accounts for people under the age of 18.
3.2 Players and customers must not, IN ANY CIRCUMSTANCE:
- Use exploitative software, bots, mods, or other unauthorized third-party software that will interfere with the DarleyGo Platform and its processes without any written consent of our developers.
- Attempt or make unauthorized access to the DarleyGo Game or its other services and users.
- Disrupt or interrupt DarleyGo’s services for nefarious purposes.
3.3 Players agree that they will not use names for DarleyGo NFTs that are considered to be derogatory, racist, inflammatory, prejudicial, or inappropriate within the DarleyGo Game community. DarleyGo officials have the right to determine whether the names for the DarleyGo NFTs are in violation of any terms and conditions of DarleyGo. DarleyGo officials and/or PTE reserve the right to expel and block users who shall do so and retain absolute discretion in identifying these users.
3.3.1. Where such determination is identified, they will be made to choose a new name. Failure to do so will result in the suspension of the account.
3.4. PTE and/or DarleyGo reserve the right to terminate or suspend a user found to be in breach of the Terms of Service, especially those with fraudulent, harmful, criminal, or unfair intent to other users.
3.5 PTE and/or DarleyGo reserve the right to restrict or block access to our services based on the abusive customers’ location.
3.6 Users must provide authentic, accurate and complete registration details and information when creating an account in the DarleyGo Platform (the “DarleyGo Account”). Information should be updated whenever possible. DarleyGo and PTE are not responsible for the security of your DarleyGo Account and/or other digital wallets that are linked to the platform.
3.7 You may not transfer or share your DarleyGo Account with anyone. You understand that you are liable for all activities that occur in the account under your name. We are not responsible for damages incurred arising from your failure to secure your account and password.
3.8 You are solely responsible for any internet fees, gas fees and/or transaction fees that may be incurred while playing the DarleyGo Game, purchasing cryptocurrency of any kind, or purchasing DarleyGo NFTs. We are not responsible for any Internet fees, gas fees and/or transaction fees incurred by you in the course of our services provided to you and/or while playing the DarleyGo Game.
3.9 You (a human being) will only use one in-game account to earn tokens in any 24-hour period.
4.1 Any transactions made in the DarleyGo Game in-game marketplace are final and executory. Transactions that take place on the DarleyGo Game are managed and confirmed via the Solana blockchain, which is a proof of stake network. You understand that your public address will be made visible whenever you engage in a transaction on the DarleyGo Game.
4.2 We neither own nor control any third-party product or service that you might access, visit, or use for the purpose of enabling you to use the various features of the DarleyGo Game. Accordingly, PTE and/or DarleyGo will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
5. NFT Terms of Sale
When you purchase or procure the DarleyGo NFTs for use in the DarleyGo Game, you must agree to the following terms and conditions (“NFT Terms”), which apply to you and any subsequent person to whom you sell the NFT(s) you purchased from us in the first instance, or to whom you otherwise transfer the NFT(s) you procured.
- We may conduct pre-sales of the DarleyGo NFTs from time to time, either as a stand-alone or with bundles, including for early access or for expansions of DarleyGo.
- Orders placed for pre-purchase of the DarleyGo NFTs are non-refundable, cannot be cancelled for change of mind, and that any pre-purchase of the DarleyGo NFT requires payment of the purchase price at the time of the pre-purchase.
- We may require that you register an account with us to pre-purchase an NFT and/or the DarleyGo NFT.
- We may require that you nominate your digital wallet at the time of the order, or nominate a digital wallet at a later time, for the delivery of any pre-purchased the DarleyGo NFT. We will undertake reasonable endeavours to deliver any pre-purchased the DarleyGo NFTs to your nominated digital wallet by any date we provide for delivery. You acknowledge, however, that the delivery date may change for reasons (including for reasons outside or within our control) at our sole discretion.
- We may list the DarleyGo NFTs for sale from time to time, which may be stand-alone or as part of a bundle of other digital goods.
- Orders placed for the DarleyGo NFTs are non-refundable, cannot be cancelled for change of mind, require payment in full of the purchase price at the time of purchase and may require that you connect or provide a digital wallet for delivery of the DarleyGo NFT at the time of sale.
- If you engage in a secondary sale of your DarleyGo NFT to another purchaser, that transaction may involve third party platforms or blockchain digital wallets which are not associated with us, and may be subject to transaction fees charged by that network. Should any transfer be conducted using a marketplace we provide, then fees and charges may apply to those transactions payable to us at the time of the transaction.
- You must make payment in full in any nominated digital currency or via any other nominated payment method as a pre-condition to any purchase of DarleyGo NFT.
- In the case of a primary sale, we will have no obligation to transfer any NFT to you until we have received the purchase price in full for any DarleyGo NFT. If you make payment to our digital wallet, you must ensure your transfer is made to the correct wallet address.
- In the event that any payment is reversed or becomes invalid, including via either a double spend attack or recall or refund request by a payment processor, you agree to immediately return to us any DarleyGo NFTs the subject of a sale where the purchase price has no longer been retained in full by us.
d) Title and Risk
1. Risk and title in any DarleyGo NFT purchase transfers to you upon purchase of the DarleyGo NFT and you are responsible for ensuring your digital wallet is accurately linked. If you lose your private key or login or seed phrase for your digital wallet you will lose access to your DarleyGo NFTs stored in your digital wallet.
e) Refunds – Risks in value of digital currency
1. Where the Purchase Price has been paid in a Digital Currency and you are entitled to a refund for any reason, you agree the refund is to be made in the same form of Digital Currency used in the initial transaction, or at our option in US dollars equivalent to the value of the Digital Currency used in the initial transaction on the date the Purchase Price was paid.
- DarleyGo NFTs purchased or procured by you may be used for gameplay in the DarleyGo Game, which may provide additional features and services.
- Gameplay in the DarleyGo Game may be subject to further instructions, restrictions, terms and conditions as detailed in these terms, the DarleyGo Game, the Platform or the Website, including in respect of our stud and breeding programs and racing game.
- We do not represent, warrant or guarantee that your access to the DarleyGo Game will be uninterrupted or will be maintained into the future.
g) Intellectual property licenses in DarleyGo NFTs
- We grant, to the party who owns a DarleyGo NFT, a licence (“Licence”) in respect of the art associated with that DarleyGo NFT (“Art”), subject to these NFT Terms in force at the date of sale or transfer together with any other terms and conditions which may apply to the DarleyGo NFT.
- The Licence is assignable, transferable and revocable on the terms of these NFT Terms, and is for your personal, non-commercial, royalty free use of the DarleyGo NFT (including to sell or transfer on a marketplace) and that you are permitted to display and enjoy the art associated with the DarleyGo NFT anywhere in the world.
- Upon your sale of the DarleyGo NFT you own, the Licence transfers to the purchaser who then owns the DarleyGo NFT and will be subject to the Licence and these NFT Terms. For the avoidance of doubt, the transfer of the Licence does not constitute a commercial use for the purposes of these NFT Terms.
- With immediate effect upon your sale of the DarleyGo NFT you own, your rights under the Licence shall cease to apply and will no longer be in force and effect. You will no longer be entitled to use the Art, or the art and/or the intellectual property rights contained, shown, comprised of in the DarleyGo NFT (or any reproductions of the art) upon sale by you of the DarleyGo NFT.
- Except as expressly stated in these NFT Terms, nothing in these NFT Terms are intended to, or shall operate to, give you ownership of any intellectual property rights in, or other rights in respect of the intellectual property of the DarleyGo NFT.
- There is no transfer of title or ownership of any Intellectual Property or any Intellectual Property rights upon the sale of the DarleyGo NFT under these NFT Terms.
- The DarleyGo NFT may not be used in any way which would:
- modify any Art;
- use the Art to market or to sell third-party products or for any other commercial benefit;
- use the Art in connection with images of hatred, violence or other inappropriate behaviour be reasonably considered to bring the Intellectual Property Rights owner into disrepute;
- seek to trademark or acquire Intellectual Property Rights in the Art;
- take, appropriate or represent any ownership in the Intellectual Property;
- assert any right to or over the Intellectual Property in any manner inconsistent with the rights under these NFT Terms;
- take any action which would or might invalidate, challenge, oppose or otherwise put in dispute the owner’s title to the Intellectual Property;
- be reasonably seen to disparage the Intellectual Property Rights of the owner;
- contravene the moral rights of the artist or licensor of the Art; or 16. contravene the Website Terms or these NFT Terms; or
- cause, permit or assist any other person directly or indirectly to do any of the above acts.
- For the avoidance of any doubt:
- the restrictions on the Licence survive termination or assignment transfer of the Licence; and
- the purchase of a DarleyGo NFT does not grant you any ownership or licence for any intellectual property rights over DarleyGo or any aspect of Art used in our NFTs other than as expressly set out in these NFT Terms;
- the Licence granted under this clause is limited to the time you own the NFT;
- upon your sale of a DarleyGo NFT to another party, the Licence is assigned to the purchaser of the NFT and your rights under the Licence cease to have any effect, and you must draw to the other party’s attention the contents of these NFT Terms prior to your sale of a DarleyGo NFT; and
- the sale of your DarleyGo NFT does not constitute a “commercial use” of your DarleyGo NFT for the purposes of these NFT Terms.
6. Liability Limitations
6.1 YOU USE THE DARLEYGO SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DARLEYGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE DARLEYGO SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE DARLEYGO SERVICES AND PLATFORM, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. DARLEYGO DOES NOT WARRANT THAT THE DARLEYGO SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.
6.2 DARLEYGO ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE DARLEYGO SERVICES. DARLEYGO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE DARLEYGO SERVICES.
7. Uploading Content to our Platform
7.1 Any content uploaded to the DarleyGo Platform or the DarleyGo Website (“Uploaded Content”) shall be considered non confidential and non-proprietary.
7.2 The customer shall retain all ownership rights to their Uploaded Content but in uploading, shall grant other users of the Website, the Platform, and/or PTE a limited license to use, store and copy the content.
7.3 All Uploaded Content shall be made available to our third-party partners.
7.4 We are not liable for any misrepresentation by any third party for content or accuracy of information taken by users from our platforms.
7.5. DarleyGo reserves the right to remove content we find if it does not conform with our Terms of Service standards.
7.6 Views expressed by our users do not reflect DarleyGo’s views or values.
7.7 Players are responsible for securing and backing up their information and content.
8. General Provisions
8.1 If any provision, or part thereof, of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision or part provision shall be deemed not to form part of these Terms of Service, and the legality, validity, or enforceability of the remainder of the provisions of these Terms of Service shall not be affected, unless otherwise required by operation of applicable law.
8.2 Any waiver by us of a breach of any provision of these Terms of Service will not operate to be interpreted as a waiver of any other or subsequent breach.
9. Assumption of Risk
Any users of the DarleyGo Platform understand and acknowledge the following risks:
9.1 The price of cryptocurrencies and NFTs are incredibly volatile. Fluctuations are expected and could materially and adversely affect the values of your DarleyGo NFTs, which are also subject to price volatility. PTE does not guarantee any purchases that DarleyGo NFTs will not lose any money.
9.2 You are solely responsible for determining what, if any, taxes apply to your DarleyGo-related transactions. DarleyGo is not responsible for determining the taxes that apply to your transaction on the Website.
9.3 The Website does not store, send, or receive DarleyGo NFTs. This is because DarleyGo NFTs exist only by the ownership record maintained on the App’s supporting blockchain on the Solana network. Therefore, any transfer of DarleyGo NFTs occurs only on the Solana network.
9.4 There are risks 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 DarleyGo will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Solana network, however caused.
9.5 A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the DarleyGo ecosystem and, therefore, the potential utility or value of DarleyGo NFTs.
9.6 The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the DarleyGo ecosystem and, therefore, the potential utility or value of DarleyGo NFTs.
9.7 Any upgrades made by PTE may have other effects, both unintended and intended, on all DarleyGo game assets.
10. User Data
10.1 We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of our game. Although we perform regular routine backups of data, you are solely responsible for all data you transmit or that you release to any activity you have undertaken using the Site and/or game. 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.
11. Applicable Law
11.1 This Terms of Service shall be governed and interpreted in accordance with the laws of Hong Kong Special Administrative Region.
11.2 Any dispute arising from the Terms of Service Agreement shall be solved through friendly negotiation. Where negotiation cannot solve the dispute, the parties hereto shall submit it to Hong Kong International Arbitration Centre (“HKIAC”). The award of arbitration shall be final and binding upon the parties under this Terms of Service Agreement.
12. Contact Us
12.1 If you have any questions or clarifications about the Terms of Service in DarleyGo, please contact us at firstname.lastname@example.org. This email address serves as our customer service arm and can be requested to provide your personal data in our game.