Terms of Service

Welcome to All the Zen (the “Game”), hosted at https://allthezen.cryptokitties.co (the “Site”) as provided to you by Dapper Labs, Inc. (the “Company”). By accessing or using the Site and/or the Game, you agree to these Terms of Service (the “Terms”) and our Privacy Policy, found at https://allthezen.cryptokitties.co/privacy-policy. If you do not agree to these Terms or our Privacy Policy, please do not access or use the Site or the Game.

This Site and Game are offered and available to users who are 18 years of age or older, or at least 13 years of age with consent of a parent or guardian. By using this Site or Game, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or Game.

1. Description of the Game

All the Zen is an online game that may integrate blockchain-based digital assets, allowing players to engage with unique gameplay experiences. The Game operates as a Free-to-Play (F2P) game, with optional paid features.

The Game may include digital assets and features that interact with blockchain technology. These assets are subject to the terms provided by their respective blockchain networks.

2. Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site or the Game, and any service or material we provide on the Site or through the Game, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Game are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site, the game or the entire Site/Game.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site or Game.
• Ensuring that all persons who access the Site or Game through your internet connection are aware of these Terms and comply with them.

To access the Site or Game or resources they offer, you may be asked to provide certain registration details or other information either to the Company or to a third-party such as Telegram. It is a condition of your use of the Site and Game that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Site or Game or otherwise, including, but not limited to, through the use of any interactive features on the Site or Game, any online sign up forms provided through Telegram, and that the interactions with our Company through the Site or Game governed by our Privacy Policy https://allthezen.cryptokitties.co/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy; and that any interactions with third-parties are subject to their respective privacy policies and additional terms of service/use such as Telegram’s privacy policy located here: https://telegram.org/privacy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

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3. Intellectual Property Rights

The Site, Game and their entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site and Game for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Game, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features; however, use of Telegram’s social media or messaging is subject to their third-party terms of service and privacy policy (see https://telegram.org/faq for more information).

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: meow@cryptokitties.co.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

4. Trademarks

The Company name, the terms ‘All the Zen’, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site or in the Game are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Site and Game only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses  associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or Game, or expose them to liability.

Additionally, you agree not to:

• Use the Site or Game in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site or Game.
• Use any robot, spider, or other automatic device, process, or means to access the Site or Game for any purpose, including monitoring or copying any of the material on the Site or Game.
• Use any manual process to monitor or copy any of the material on the Site or Game, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site or Game.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Game, the server on which the Site or Game is stored, or any server, computer, or database connected to the Site or Game. 
• Attack the Site or Game via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site or Game.

6.  User Contributions

The Site and Game may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site or Game as either hosted by our Company or by a third-party, such as Telegram.

All User Contributions must comply with the content standards set out in these Terms or in Telegram’s content requirements, see https://telegram.org/faq for more information.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or Game, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site or the Game. 

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7. Blockchain Interactions

• Digital Assets: The Site and/or Game may interact with blockchain-based digital assets, including ‘CryptoKitties’ and fungible tokens. Transactions involving digital assets are irreversible and are executed on decentralized blockchain networks. The Site and/or Game may also make use of in-Game currency which may only be utilized in the Game as has no value or utility outside of the Game.
• Third-Party Platforms: Use of blockchain wallets or external platforms is subject to the terms and conditions of those third parties’ respective platforms. We do not control or assume liability for these platforms.
• Token Policy: The Game may offer the ability to earn promotional, digital ‘meme tokens’ that may be exchanged between users or potentially for actual cryptocurrency.  See the Token Policy, as may be made available on the Site or Game, for more information.

8. Paid Features and Transactions

Certain features on the Site or in the Game may require payment. All payments are final and non-refundable, except where required by law. Additional terms may apply that may be displayed at your time of purchase or by a third-party payment processor.  Prices for paid features are subject to change without notice.  Certain purchases made by you on the Site or in the Game may be governed by separate terms of sale either by Company or by a third-party. 

9. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site and/or Game. 
• Terminate or suspend your access to all or part of the Site and/or Game for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site or in the Game, or on third-party platforms and communications sites such as Telegram and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain 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 and our Privacy Policy https://allthezen.cryptokitties.co/privacy-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy as made available on our Site for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 

12. Reliance on Information Posted

The information presented on or through the Site or in the Game is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Game, or by anyone who may be informed of any of its contents.

This Site and Game may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Site

We may update the content on the Site or in the Game from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site or in the Game may be out of date at any given time, and we are under no obligation to update such material. 

14. Information About You and Your Visits to the Site or use of the Game

All information we collect on the Site or through your use of the Game is subject to our Privacy Policy https://allthezen.cryptokitties.co/privacy-policy. By using the Site and/or the Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

15. Linking to the Site and Social Media Features

You may link to our homepage or the Game, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Site and Game may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Site or in the Game.
• Send emails or other communications with certain content, or links to certain content, on the Site or through the Game.
• Cause limited portions of content on the Site or in the Game to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and by third-party platform Telegram, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site, Game or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site or Game other than the homepage.
• Otherwise take any action with respect to the materials on the Site or Game that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

16. Links from the Site

If the Site or Game contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site or in the Game, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

17. Geographic Restrictions

The owner of the Site and Game are based in the British Columbia, Canada. We make no claims that the Site, Game or any of the content therein is accessible or appropriate outside of the United States or Canada.  Access to the Site or Game may not be legal by certain persons or in certain countries. If you access the Site or Game in your home country, you do so on your own initiative and are responsible for compliance with local laws.

18.  Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site and/or Game will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND/OR GAME OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR GAME OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE AND/OR GAME, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR GAME IS AT YOUR OWN RISK. THE SITE AND/OR GAME, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND/OR GAME. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE AND/OR GAME, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE AND/OR GAME OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.  Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE AND/OR GAME, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE AND/OR GAME OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site and/or Game, including, but not limited to, your User Contributions, any use of the Site and/or Game's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site and/or Game.

21. Governing Law and Jurisdiction

All matters relating to the Site and/or Game and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Delaware, United States without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site and/or Game shall be instituted exclusively in the appropriate courts in Delaware, United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site and/or Game, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under Canadian law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE AND/OR GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

25. Entire Agreement

The Terms, our Privacy Policy and any terms of sale displayed at the time of purchase constitute the sole and entire agreement between you and Dapper Labs, Inc. regarding the Site and/or Game and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and/or Game. 

Your Comments and Concerns

This Site and game are operated by Dapper Labs, Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Site and/or Game should be directed to: meow@cryptokitties.co.