Derby Stars Terms & Conditions

Derby Stars, developed by Hype Dream Corporation, is a game that utilizes the Polygon blockchain network to allow users to own, transfer, and trade unique digital NFTs (Non-Fungible Tokens) and other tokens. These tokens can be visualized on the Derby Stars website and games available on PC, Mac, console, and mobile, where users can interact with them. Before using the game or website, users must review and agree to the terms of use and any other relevant terms and conditions provided by Hype Dream Corporation ("Hype Dream", "we", or "us").

Key definitions:

"Smart Contracts" refers to the computer code executed on the Polygon blockchain in response to transactions, which generates a consistent and verifiable result.

"NFTs and Tokens" refers to the digital collectible trading tokens offered by Derby Stars.

"Hype Dream" refers to the Hype Dream Corporation, the owner of the Derby Stars game and website.

*Please read these terms carefully before using the Derby Stars games and websites.

1. The Game

The Game can only be accessed through a desktop or mobile device, and may require the use of third-party tools and services for cryptocurrency transactions.

The company does not own or control the Polygon network or any other third-party sites, products, or services that may be used in connection with the Game. They will not be held responsible for any damages or issues that may occur from using these third-party services.

Transactions on the Game are processed and confirmed via the Polygon blockchain, and your Polygon public address will be visible to others during these transactions.

The wallet holders are responsible for maintaining their account information and ensuring the security of cryptocurrency wallet. Any unauthorized access should be reported immediately to contact@derbystars.com

The balance of the game is constantly being adjusted.

Please note that the stats, skills, types, attributes, effects, prices, descriptions and features of horses, Jockeys, items, racetracks and lands are subject to change without notice in order to achieve optimal balance.

2. Fees and Payment

Any financial transactions involving NFTs or Tokens on the Game or with other users will be conducted through the Polygon network and we will have no control or liability over these transactions.

To conduct transactions on the Polygon network, you must maintain a sufficient balance of Resource Credits in your account.

You are responsible for paying any taxes, duties, or assessments associated with your use of the Game, except for taxes on our net income. This includes but not limited to sales, use, value-added, and any taxes imposed by any governmental authority. You will pay or reimburse us for all taxes and assessments, including value added taxes, customs, or other import or export taxes, and you will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments made to us.

3. Purchasing Credits

All payments for Tokens/Credits are made at your own risk and Derby Stars is not liable for any issues related to the purchase of Credits.

All payments are processed by Derby Stars and there may be delays in receiving purchased Tokens/Credits.

By purchasing Tokens/Credits, you warrant that: i. You are 18 years of age or older. ii. The payment account or cryptocurrency wallet used is in your name or you are authorized to use it. iii. The information provided is accurate.

If Derby Stars discovers any attempts to do so, it reserves the right to prohibit the user's account from accessing the website and mobile game as well as the ability to purchase Credits.

Derby Stars reserves the right to implement transaction limits for purchasing Tokens/Credits on any user and limitations on the number of Tokens/Credits that can be used to purchase items and NFTs from other players.

4. Ownership & Restrictions

You acknowledge and agree that, unless otherwise stated, Derby Stars (or, as applicable, its licensors) own all legal rights, title, and interest in and to all elements of the game, including intellectual property rights. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel,” organization, compilation of the content, code, data, and all other elements of the game (collectively, the “Derby Stars Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights. All Derby Stars Materials are the copyrighted property of Derby Stars or its licensors, and all trademarks, service marks, and trade names contained in the Derby Stars Materials are proprietary to Derby Stars or its licensors. Your use of the game does not grant you ownership or any other rights to any content, code, data, or other materials that you may access on or through the game. We reserve all rights in and to the Derby Stars Materials not granted to you in the Terms.

You may submit comments, bug reports, ideas, or other feedback about the game (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary to incorporate and use your Feedback for any purpose.

You are responsible for your conduct while accessing or using the game and for any consequences thereof. You agree to use the game only for legal, proper, and in accordance with these Terms and any applicable laws or regulations. By way of example, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the game any content that infringes the intellectual proprietary rights of any party; (v) use the game to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity; (vii) interfere with other users’ enjoyment of the game; (viii) exploit the game for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the game; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Game or any part of it; (xi) Alter or modify any aspect of the game without permission; (xii) Display any content that promotes hate or violence or violates criminal or other laws, or infringes on third party rights; (xiii) Use any automated means, such as bots or spiders, to access or retrieve information from the game or collect user data without authorization; (xiv) Create user accounts through automated means or using false or fraudulent information; (xv) Utilize the game to develop a product or service that competes with any of our offerings.

5. Disclaimers

You understand and agree that accessing and using the game is at your own risk, and that the game is provided "as is" and "as available" without any warranties, either express or implied. To the fullest extent allowed by applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and explicitly disclaim all implied warranties regarding the game and any aspect of it, including the site, smart contracts, and any external websites, such as warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or correctness. We, our subsidiaries, affiliates, and licensors do not guarantee or warrant that: (i) your access to or use of the game will meet your requirements, (ii) your access to or use of the game will be uninterrupted, timely, secure, or error-free, (iii) usage data provided through the game will be accurate, (iv) the game or any content, services, or features made available on or through the game are free of viruses or other harmful components, or (v) any data that you disclose when you use the game will be secure. 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 acknowledge the inherent risks of providing information and conducting transactions online, and agree that we are not responsible for any security breaches, unless caused by our gross negligence.

We will not be held liable for any losses you may incur as a result of using the Polygon network or an electronic wallet, including but not limited to losses, damages, or claims arising from: (a) user error, such as forgotten passwords or misinterpreted smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, such as the use of viruses, phishing, or other means of attack against the game, Polygon network, or an electronic wallet.

Derby Stars NFTs and tokens are intangible digital assets that exist only on the ownership records maintained on the Polygon network. All smart contracts are executed through our code and all transactions are recorded on the decentralized ledger within the Polygon platform. We have no control over and make no guarantees or promises regarding the functionality of the Polygon blockchain and the execution of smart contracts and transactions.

Derby Stars is not responsible for any losses resulting from issues with the blockchain supporting the Polygon network, including forks, technical node issues, or other issues, even if it results in fund loss.

6. Termination

You may end these terms at any time by deactivating your account on the game and ceasing your use of the game. You will not be entitled to any refunds if you cancel your account or terminate these terms. We reserve the right to terminate these terms and/or deactivate your account(s) for the game at any time, for any or no reason, at our sole discretion. We may do so without prior notice and will not be held liable to you or any third party for any termination or suspension of access to the game. Any termination of these terms or deactivation of your account as a result of your violation of these terms or any suspected fraudulent, illegal, or abusive activity will be in addition to any other legal or equitable remedies we may have. Upon any termination or expiration of these terms, whether by you or us, you will lose access to any information you have posted on the game or associated with your account and we will have no obligation to retain or forward this information to you or any third party.

7. Limitation of Liability

You understand and agree that we, our subsidiaries, affiliates, and licensors will not be held liable for any indirect, incidental, special, consequential, or exemplary damages you may incur, however caused, and under any theory of liability, including, but not limited to, any loss of profits, loss of goodwill or business reputation, loss of data, or any other intangible loss, even if we were advised of the possibility of such damages.

You agree that our total, aggregate liability to you for any and all claims arising out of or related to these terms or your access to or use of (or your inability to access or use) any portion of the game, 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 12-month period preceding the date the claim arose, or (b) $100.

You acknowledge and agree that we have made the game available to you and entered into these terms in reliance on 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 game to you without these limitations.

You acknowledge and agree that you do not reside in a region that explicitly bans the use of loot boxes in games in accordance with gambling laws.

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.

8. Assumption of Risk

You accept and acknowledge each of the following:

The value of blockchain assets can be highly unpredictable. Fluctuations in the price of other digital assets could have a significant and negative impact on the value of your Derby Stars NFTs, Tokens, or other items, which may also be subject to significant price volatility. We cannot guarantee that any buyers of Derby Stars NFTs, Tokens, or other items will not incur a loss.

You are solely responsible for determining the taxes that apply to your transactions related to Derby Stars. Derby Stars is not responsible for determining the taxes that apply to your transactions on the game, the site, or any blockchain.

The game does not store, send or receive Derby Stars NFTs or Tokens as they exist only on the ownership records maintained on the supporting blockchain of the Polygon network. Any transfer of Derby Stars NFTs or Tokens occur within the supporting blockchain and not on the game.

Using an internet-based currency carries risks, including the risk of hardware, software and internet connection failures, the risk of malware introduction, and the risk of unauthorized access to information stored in your wallet. You accept and acknowledge that Derby Stars will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Polygon network.

The lack of public interest or adoption in the development of distributed ecosystems may negatively impact the growth and development of the Derby Stars ecosystem, and thus potentially decrease the value and utility of Derby Stars NFTs, Tokens, or other items.

The regulatory landscape for blockchain technology, cryptocurrencies, and tokens is uncertain and subject to change, and new regulations or policies may have a negative impact on the development of the Derby Stars ecosystem, and thus potentially decrease the value and utility of NFTs, Tokens, or other items.

Upgrades or changes to the Polygon platform, such as hard forks or changes to transaction confirmation, may have unintended negative effects on all games utilizing the Polygon platform, including the Derby Stars ecosystem.

9. Game Use Restriction Policy

Purpose

The purpose of this Game Use Restriction Standard is to protect users from disruptive/criminal behavior that hinders gameplay or goes against public norms while enjoying Derby Stars by providing a clear set of guidelines for use restrictions.

Violations and Restrictions

If a user violates the use restriction standards outlined in the Operation Policy, they may be subject to service restrictions without prior notice. Any currency, items, or other in-game rewards that were obtained through unjust means while violating the Operation Policy can be forcibly reduced.

Appeal Process

If a user has received use restriction measures, they have the right to make an appeal request. Users may submit an appeal through the customer inquiry function within the game or via email to the designated support address, contact@derbystars.com, if they are unable to use the in-game inquiry function. The appeal request must be submitted within 7 days of the use restriction being applied. The operation team will process the appeal request within 28 days of the request date.

Definitions of Use Restriction Terms

The following terms are defined based on restriction standards:

① Permanent use restriction of game account: Use of the game account and relevant services are permanently restricted.

② Temporary use restriction of game account: Use of the game account and relevant services are temporarily restricted.

Use Restriction Standards

The use restriction period and method may be changed under the discretion of the operation team. Duplicate cases may result in an aggravated use restriction. Use may also be restricted at the discretion of the operation team, even if the act is not specifically outlined in the restriction terms above. If there is a record of sanction of the highest degree, the restriction may be increased to the highest level, or the use restriction period may be further extended.

The list of prohibited actions:

Abusing company and in-game store processes: Refers to exploiting loopholes or using illegitimate means to gain an advantage in the game, such as exploiting the game's store system or attempting to defraud the company.
Spreading false information and disturbing gameplay: This includes spreading misinformation or false rumors, or engaging in behavior that disrupts the gameplay experience of other players.
Stealing accounts: Unauthorized access to or use of another player's account or personal information is strictly prohibited.
Bot farming: Refers to the use of automated bots or scripts to farm resources or experience points in the game, which can give players an unfair advantage over others.
Use of illegal programs: Using or distributing illegal programs, hacks, or cheats to gain an unfair advantage or disrupt gameplay for other players is not allowed.
Abuse of system errors and bugs: Exploiting system errors, bugs, or glitches in the game to gain an unfair advantage is prohibited.
Unapproved transaction act: Engaging in any transaction that is not approved or authorized by the game's operation team, including trading items or currency outside of the game's official channels.
Fraud: Any form of fraud or deception, including attempting to deceive other players or the game's operation team, is strictly prohibited.
Attempted fraud: Even if a fraudulent attempt is not successful, attempting to commit fraud is still a violation of the game's rules.
Irrelevant advertisements: Any advertisements that are not related to the game's service or that are deemed inappropriate or irrelevant by the game's operation team are not allowed.
Leaking personal information: Sharing or disclosing another player's personal information is a serious violation of the game's rules and can have legal consequences.
Naming/Profile violations: Violating naming or profile guidelines, such as using offensive language, can result in disciplinary action.
Misrepresenting operation team and employees: Impersonating or misrepresenting oneself as a member of the game's operation team or its employees is strictly prohibited.
Bad manner acts: This includes engaging in any behavior that is disruptive, offensive, or goes against the game's rules or etiquette. This can include harassment, hate speech, spamming, griefing, or other forms of inappropriate or disrespectful behavior.

If a user violates the use restriction standards, the use of his/her account (game and PLAY Wallet) and all services related to game and blockchain may be permanently restricted.

The use restriction period and method can be changed under the operation team’s discretion.

Even if an act is not included in the types above, use can be restricted under the operation team’s objective discretion.

10. Indemnification

You agree to indemnify and hold Derby Stars, its affiliates, officers, agents, employees, advertisers, licensors, and suppliers harmless from any claims, losses, damages, liabilities, including legal fees, arising out of or in any way connected to your breach of these terms, misuse of the Game, violation of any applicable laws, rules, or regulations, or breach of our Privacy Policy. Any defense or settlement of such claims will be under the control of Derby Stars.

11. External Sites

The Game may contain links to other websites or resources (collectively, "External Sites"), which are provided solely as a convenience to our users. We do not have control over any External Sites and do not endorse or take responsibility for the content, products, services, or information offered on or through any External Sites. Additionally, we shall not be liable for any loss or damage incurred as a result of the availability or unavailability of External Sites, or any reliance placed on the completeness, accuracy, or existence of any information or materials on or through External Sites.

12. Changes to the game

You understand and agree that we reserve the right to revise and update these Terms of Use at any time at our sole discretion. We will make the updated Terms available on the Game and update the "Last Updated" date at the beginning of these Terms. It is your responsibility to review the Terms periodically for any changes. Any changes to the Terms will take effect immediately upon being posted on the Game. Your continued access or use of the Game after such changes have been made constitutes your acceptance of the updated Terms. If you do not agree to any revisions, you must stop accessing or using the Game immediately.

13. Children

You affirm that you are over the age of 14, as the Game is not intended for children under 14. If you are between the ages of 14 and 18, or the legal age of majority in your jurisdiction if it is older than 18, you must review these Terms with your parent or guardian to ensure that both you and your parent or guardian understand and agree to them. You must also have your parent or guardian review and accept these Terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 14, you accept full responsibility for that child's use of the Game, including any financial charges and legal liabilities they may incur.

14. Privacy Policy

By using the Game, you agree to our collection, use, storage, and disclosure of your personal information as outlined in our Privacy Policy. Our Privacy Policy is incorporated into these Terms and should be reviewed in conjunction with them.

15. Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

All disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that any arbitration will take place on an individual basis and class arbitrations and class actions are not permitted. You are also agreeing to give up the ability to participate in a class action.

The laws of the Commonwealth of Pennsylvania and applicable United States federal law, including the Federal Arbitration Act, will govern these Terms of Services.

You and Derby Stars agree to submit to the personal and exclusive jurisdiction of the courts located in the Commonwealth of Pennsylvania, USA, for disputes that are not resolved through arbitration or in small claims court.

Any dispute between you and Derby Stars related in any way to, or arising in any way from, our Privacy Policy or these Terms of Services shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the American Arbitration Association (“AAA”) rules for arbitration of consumer-related disputes, as modified by this Agreement or in accordance with rules that we may mutually agree. However, for claims that fall within the jurisdiction of small claims court, either you or Derby Stars may commence an action in small claims court in the county of your most recent physical address to resolve the dispute.

Any arbitration will be conducted by a single, neutral arbitrator and shall take place in Philadelphia, Pennsylvania, USA. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. You agree that this Agreement evidences a transaction involving interstate commerce, and therefore, the Federal Arbitration Act (“FAA”) applies to these Terms of Service, including the agreement to arbitrate set forth above. We each agree that the FAA, and not state law, shall govern whether a Dispute is subject to arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties, taking into consideration their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, such determination should be made by AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Nevertheless, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

16. Waiver and Severability

The Company's failure to enforce any term or condition set out in these Terms of Use shall not be considered a waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, so that the remaining provisions of the Terms of Use will continue to remain in full force and effect. No waiver by the Company of any rights or provision under these Terms of Use shall be deemed as a further or continuing waiver of such term or condition.

17. Content Standards

These content standards apply to any and all contributions and use by you on the Game or Site. Your use and contributions must comply with all applicable federal, state, local, and international laws and regulations. Specifically, you must not:

Provide any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Create a false identity or impersonate any person or organization.

Mislead or deceive others by providing false or misleading information.

Promote any illegal activity or advocate, promote, or assist any unlawful act.

Involve commercial activities or sales such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

18. Not an Investment Company

The Company is not registered as an “investment company” under the Investment Company Act of 1940, or any equivalent laws of any other jurisdiction.

19. Defamation

You agree not to disparage or criticize the Company or its Affiliates, or their respective businesses, management, directors, business practices, or equity holders (the “Company Entities”) and not to do or say anything that could disrupt the good morale, or otherwise harm the interests or reputations, of the Company Entities. And the Company agrees not to publicly disparage or criticize you.

20. Refunds

Due to the irrevocable nature of blockchain technology, and the Company's lack of control over user assets, we are unable to offer refunds on any purchases.

21. General

These Terms constitute the entire legal agreement between you and Derby Stars, govern your access to and use of the Game, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Game, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and the federal laws of the United States of America applicable therein, excluding its conflicts of law rules and principles. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation, those regarding changes to these Terms) by email, regular mail, or postings on the Game. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.