TERMS OF USE

LAST UPDATED: 2022.10

These Terms of Use govern the rights and obligations of XTOLAB(“Company”, “We”, “XTOLAB”) and its users with respect to the use of the gaming services provided by XTOLAB, a studio of SUPERNAD corp, through mobile devices and auxiliary networks, websites and other services. Its purpose is to define responsibilities and other necessary matters.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING EXTOCIUM.
BY USING EXTOCIUM, YOU ACCEPT AND AGREE TO THESE TERMS.

EXTOCIM IS PROVIDED AND OFFERRED TO USER 18 AGES AND OVER.
By accessing or using EXTOCIUM, you enter into a binding agreement with the Company and
You represent and warrant that you are of legal age to meet the aforementioned eligibility requirements.
If you do not meet all of these requirements, you must not access or use EXTOCIUM.

EXTOCIUM

EXTOCIUM Games allow users like you to create, purchase, transfer and trade unique digital game assets that can be created within the game (“Assets”) and can be used by EXTOCIUM for gaming.

Assets are NFT items that can be created or acquired within the EXTOCIUM game and are recorded on the blockchain.

Payment of asset and game sales

Assets can be sold on the EXTOCIUM in-game marketplace.
You and XTOLAB mutually agree on the price of assets in the EXTOCIUM market.
XTOLAB will control the scarcity of assets in EXTOCIUM’s market.
Any revenue earned in the EXTOCIUM market for the sale of an asset minus the transaction fee must be paid to you by the asset buyer immediately on the blockchain.

If you choose to buy and sell assets on EXTOCIUM,
All participating financial transactions are processed exclusively on the BSC network ( Binance Smart Chain) through MetaMask.
XTOLAB has no insight or control over these payments or transactions, nor does XTOLAB have the ability to cancel transactions.
With this in mind, XTOLAB will not be liable to you or any third party for any claims or damages that you may incur as a result of your transactions on EXTOCIUM.

Each sale transaction arising from EXTOCIUM is subject to a fee payable by the buyer to XTOLAB. These fees are automatically applied as part of the sales transaction.

You and XTOLAB are solely responsible for the payment of all sales, use, VAT and other taxes, duties and valuations (excluding taxes on XTOLAB’s net income) currently or hereafter charged or imposed by any government agency.
(Including, but not limited to, any taxes that may be payable as a result of the creation, transfer, transaction, etc., of the Assets you own.)

DISCLAIMER LIMITATION OF LIABILITY

Nothing in these Terms will prejudice any legal rights you may have as a consumer of the Services. Some countries, states, provinces and other jurisdictions do not allow the exclusion of certain warranties or limitations of liability set forth in this section, so the terms below may not apply fully to you. Instead, in your jurisdiction, the exclusions and limitations below apply only to the extent permitted by the laws of that jurisdiction.

The Services and all information, content, materials, products (including software) and other services included in or otherwise provided to you through the Services are provided by XTOLAB.
XTOLAB makes no representations or warranties of any kind, express or implied, regarding the operation of the Services, information, content, materials, products (including software) or other services.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTOLAB WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THESE TERMS.

THE SERVICES AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY LAW, XTOLAB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED $100 US.
SUCH LIMITATIONS AND EXCLUSIONS OF DAMAGES WILL APPLY EVEN IF REMEDY FAILS OF APPLICABLE REMEDIES.

Service modification and termination

XTOLAB reserves the right to modify or discontinue the provision of the Service, in whole or in part, at any time without notice.
XTOLAB may, in its sole discretion, at any time deny any person requesting access to EXTOCIUM, terminate your right to sell assets on EXTOCIUM’s marketplace, and block or prevent access to and use of the Services or Features.
However, you will remain the owner of your Assets in accordance with these Terms.

XTOLAB CONTENT OWNERSHIP

By using the Service, you access XTOLAB’s content, including all images, text, information, data, audio, video, graphics, logos, games and other materials contained in or made available through the Service, except for Your Property.
Except as otherwise provided in these Terms and Conditions, XTOLAB does not claim ownership of your Assets.
All content provided by XTOLAB is owned by XTOLAB and is protected by US, Korean and international copyright, trademark and/or other proprietary rights and laws.

YOUR USE OF THE SERVICES DOES NOT GIVE YOU OWNERSHIP TO THE XTOLAB CONTENT, AND YOUR USE OF THE SERVICES DOES NOT GIVE YOU A COPYRIGHT, TRADEMARK, LICENSE OR PERMISSION, EXCEPT FOR THE RESTRICTED LICENSE WE GIVEN TO YOU UNDER THESE TERMS.

Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works of, post or can not use.
Any commercial use of the Services or XTOLAB Content without the express prior written permission of the appropriate rights holder, us, or such rights holder is strictly prohibited.

Background music (“BGM”) used in connection with the service is subject to Artlist’s licensing policy. (Creator Pro, no.4235412)

All software used in connection with the Services is owned by XTOLAB or third parties.
The grant, use, redistribution, sale, and sale of the licenses described above and the decompilation, reverse engineering, disassembly, translation or reduction of such software into human readable form are prohibited.
You agree that XTOLAB may update the Software at any time, in our sole discretion, without notice, and these Terms will apply to the updated version.

Other websites and services

The Services may contain links and features that allow you to access other third-party websites or services that we do not own or control (“Third-Party Services”).
These third party services are subject to their own terms of use.
We do not control third party services and are not responsible for the content of linked sites.
Links do not imply endorsement, sponsorship or affiliation with XTOLAB’s Third Party Services.
Please exercise caution before proceeding with a Third Party Service or before entering into a transaction with a third party connected to the Service.

IN NO EVENT SHALL XTOLAB BE LIABLE FOR THE TECHNICAL AVAILABILITY OF THIRD PARTY SERVICES, THE CONTENT, ADVERTISING, PRODUCTS AND/OR SERVICES PROVIDED ON THE THIRD PARTY SERVICES AND ANY TRANSACTIONS BETWEEN YOU AND THE THIRD PARTY SERVICES.
IN NO EVENT SHALL XTOLAB BE A PARTY TO ANY DISPUTE BETWEEN YOU AND THIRD PARTIES RELATING TO THIRD PARTY SERVICES.

Service use
and restrictions on use

You must not engage in any of the following acts in connection with your use of the services provided by XTOLAB.

  • Using services not provided by the Company, or selling or gifting digital assets (ID, characters, items, game money, etc.) in an abnormal way.
  • Posting posts or sending emails by impersonating our employees or operators, or using someone else’s name.
  • Impersonating another person or misrepresenting a relationship with another person.
  • Buying paid content by stealing someone else’s credit card, wired/wireless phone, bank account, and cryptocurrency wallet.
  • Illegal use of another user’s ID and password
  • Unauthorized collection, storage, posting or dissemination of other users’ personal information
  • Conducting or inducing speculative acts such as gambling, which are considered illegal, exchanging or posting obscene or vulgar information, or linking to obscene sites.
  • An act of using the service in an unhealthy way, such as transmitting or distributing words, sounds, texts, drawings, photos, or videos that cause shame, disgust, or fear to others.
  • Acts of using the service for purposes other than its original purpose, such as for-profit, sales, advertising, public relations, political activities, and election campaigns without permission.
  • Acts of taking advantage by deceiving others or causing harm to others in connection with the use of the company’s services.
  • Acts that infringe the intellectual property rights or portrait rights of the Company or others.
  • Information (computer programs), computer software, hardware, or telecommunications equipment prohibited from being transmitted or posted by law Any act of intentionally transmitting, posting, distributing or using viruses, computer code, files, or programs designed to disrupt or destroy normal operation.
  • Change the application, add or insert other programs into the application, or Hacking or reverse engineering servers, leaking or changing source code or application data, building a separate server, or arbitrarily changing or stealing parts of the website to impersonate the company.
  • Any other act that violates relevant laws or is contrary to good customs or other social norms.

You are responsible for managing your account and mobile device, and you must not make it available to anyone else.
XTOLAB shall not be liable for any damages arising out of your mismanagement of your mobile device or your consent to use by others.

You must set and manage the payment password function to prevent fraudulent payments when using EXTOCIUM and its linked METAMASK wallet.
XTOLAB is not responsible for any damage or loss of wallet caused by your negligence.

XTOLAB may determine the specifics of the following actions, and you using the Services must follow them.

  • User’s account name, character name, guild name, and other names used in the game
  • Chat contents and methods
  • How to use the bulletin board and service
  • External Mobile Platform Affiliate Service Policy

In the case of paid content, you must pay the fee specified in the service to use it.
If you download applications or use services over the network, you may incur a separate fee set by the mobile operator you subscribed to.

In the case of a downloaded and installed application or service used through a network, it is provided according to the characteristics of the mobile device or carrier.
In case of mobile device change, number change, or overseas roaming, all or part of the content may not be available, in which case XTOLAB is not responsible.

Background tasks may occur for downloaded and installed applications or services used over a network.
In this case, additional charges may be incurred to suit the characteristics of the mobile device or carrier, and XTOLAB is not responsible for this.

Collection of information

XTOLAB may store and store the content of chatting between service users, and only XTOLAB retains this information.
XTOLAB may view this information only for the purpose of resolving disputes between users, handling complaints, or maintaining game order, and a third party may only view this information if authorized by law.

When XTOLAB or a third party accesses chat information in accordance with the above, XTOLAB will notify the user of the reason and scope of the viewing in advance through the EXTOCIUM in-game mail system. ( XTOLAB may not be able to know your email account due to mobile platform terms and conditions. )

XTOLAB may collect and utilize user’s mobile device information (settings, specifications, operating system, version, etc.) except for user’s personal information for smooth and stable operation of the service and improvement of service quality.

XTOLAB may request additional information from you for the purpose of improving our services and introducing our services to users.
You may accept or decline this request, and XTOLAB further informs you that if you make this request, you may decline this request.

Provision of advertisements

XTOLAB may place advertisements within the game service in connection with the operation of the service. In addition, only users who have agreed to receive advertisement information can be transmitted by e-mail, text message service (LMS/SMS), and push message (Push Notification).
In this case, you may opt-out at any time, and XTOLAB will not send advertising information if you opt-out.

You may be linked to advertisements or services provided by others through banners or links among the services provided by XTOLAB.
If you are linked to an advertisement or service provided by another person, the service provided in that area is not the service area of ​​XTOLAB, so XTOLAB does not guarantee reliability, stability, etc., and XTOLAB is not responsible for any damage to the user as a result.

Restrictions on service use for service users

You must not violate the user’s obligations under above;
In the case of such actions, XTOLAB may take measures to restrict the use of the service, including restrictions on your use of the service according to the following list, deletion of related information (posts, photos, videos, etc.) and other measures.
The specific reasons and procedures for restricting use are determined in the operation policy of EXTOCIUM.

  • Restriction of some privileges: Restrict certain privileges such as chatting for a certain period of time
  • Hero use restriction: Restrict the use of your hero for a certain period or permanently
  • Account use restrictions: Restrict the use of user accounts for a certain period or permanently

If the restriction of use is justified, XTOLAB will not compensate you for any damages caused by the restriction of use.
XTOLAB may suspend an account’s use of the Services until an investigation into the reasons listed below is complete.

  • When a legitimate report is received that the account has been hacked or stolen
  • If you are suspected of being an illegal activist, such as using an illegal program
  • In other cases where provisional measures for service use are necessary for the reasons described in these terms and conditions

Appeal procedure
for restrictions on use

If you wish to dissatisfied with the company’s restrictions on use, you must submit an objection request to XTOLAB through EXTOCIUM’s official inquiry email within 14 days of receiving the notice of this action.

XTOLAB will respond to the reasons for dissatisfaction in writing, by e-mail, or by an equivalent method within 15 days from the date of receipt of the appeal. However, if XTOLAB is unable to respond within this period, the reason and processing schedule will be notified.

Governing Law; court

The rights and obligations of the parties under this Agreement and the interpretation of these Terms shall be governed by the laws of the Republic of Korea without prejudice to the principles of conflict of law.

If an ordinary party brings a lawsuit arising out of these Terms against the other party, that party may bring a lawsuit only in the Korean courts and not in any other court.

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