Sci-Fi Horror Header

These Terms of Service (“Terms”) govern your access to and use of the Dcay.info website (the “Website”) and the Whispers of Decay game (the “Game”), a web3 game developed and operated by Whispers of Decay (the “Company”).

1. Acceptance of Terms

By accessing or using the Website or Game, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Website or Game.

2. Web3 Clauses

The Game utilizes blockchain technology and incorporates certain web3 elements, including but not limited to:

In-game Items

The Game may include virtual items that can be obtained through gameplay or purchased using cryptocurrency. These items may be represented as non-fungible tokens (“NFTs”). Ownership of these NFTs is recorded on a blockchain. We will provide clear and conspicuous disclosures of all relevant information regarding these NFTs, including their functionality, risks associated with ownership, and any applicable terms and conditions.

Digital Assets

The Game may allow you to earn or purchase digital assets using cryptocurrency. These digital assets may have value within the Game’s ecosystem and may be tradable with other players. We will provide clear and conspicuous disclosures concerning the nature of these digital assets, their value proposition (if any), and any associated risks.

User Wallets

You may be required to use a cryptocurrency wallet to interact with the Game’s web3 features. You are solely responsible for the security of your wallet and any private keys associated with it. We will provide educational resources to help you understand the importance of wallet security and best practices for managing your digital assets.

3. Additional Notes

We are committed to providing transparent and comprehensive information about the use of blockchain technology in the Game. We encourage you to carefully review all disclosures before making any decisions regarding in-game items, digital assets, or interacting with web3 features.

4. Intellectual Property

The Website, Game, and all associated content, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any of this content without the express written permission of the Company.

5. User Conduct

You agree to use the Website and Game in a lawful and respectful manner. You agree not to:

Cheat, hack, or exploit any bugs in the Game.

Harass, bully, or threaten other players.

Disrupt the gameplay of others.

Promote or facilitate illegal activities.

Use the Website or Game for any commercial purpose without the express written permission of the Company.

6. Limited License

The Company grants you a non-exclusive, non-transferable, limited license to access and use the Website and Game in accordance with these Terms. This license does not grant you any ownership rights in the Website or Game.

7. Amendments, Updates, and Patches

The Company may from time to time amend, update, or patch the Website and Game. These updates may be required to maintain the security and functionality of the Website and Game or to introduce new features. You agree to download and install all such updates, patches, and fixes.

8. Prohibited Uses

In addition to the restrictions, you are prohibited from using the Website or Game for any of the following purposes:

Creating or distributing cheat codes, hacks, or other unauthorized software or tools.

Interfering with the servers or networks used by the Website or Game.

Reverse engineering, decompiling, or disassembling the Website or Game software.

Creating or using unauthorized accounts in the Game.

Selling or transferring virtual items or digital assets outside of the Game.

9. Accessing the Game and Services

You are responsible for obtaining access to the internet and the equipment necessary to use the Website and Game. The Company does not guarantee that the Website or Game will always be available or in all locations.

10. Ownership

Website, Game, and Content

The Website, Game, and all virtual items, digital assets, and other content within the Game (collectively, the “Content”) are the property of the Company or its licensors.

Limited License

Your access to and use of the Website and Game grants you a limited, non-exclusive, non-transferable license to use the Content in accordance with these terms. Ownership of the Content is not transferred to you, even if you purchase virtual items or digital assets using real-world currency or cryptocurrency.

Custodial Wallets

If the Game utilizes a custodial wallet system, you acknowledge that the Company holds the private keys to your wallet and manages your cryptocurrency on your behalf. You retain ownership of the cryptocurrency itself, but the Company facilitates its secure storage and transaction processing.

11. Player-Created Content

You may create content within the Game (“Player-Created Content”). You retain ownership of the intellectual property rights in your Player-Created Content. However, by submitting Player-Created Content to the Game, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and translate your Player-Created Content in connection with the Game.

12. Disclaimers

THE WEBSITE AND GAME ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability; Indemnification

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR GAME, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR GAME OR YOUR VIOLATION OF THESE TERMS.

14. Period and Termination

These Terms will remain in effect until terminated by you or the Company. The Company may terminate these Terms at any time, for any reason, with or without notice. You may terminate these Terms by discontinuing your use of the Website and Game. The Company holds the right to delete any such material from its servers.

15. Transfer of Terms and Conditions

The Company may assign or transfer its rights and obligations under these Terms to any third party without your consent. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of the Company.

16. Grievance Handling and Dispute Resolution; Arbitration Agreement

16.1 Grievance Handling

For any grievances related to the Website or Game, you can contact Whispers of Decay support at [support@dcay.info]. We will make a reasonable effort to resolve your grievance promptly.

We are committed to resolving issues amicably. If you encounter a problem, reach out to us first via email at support@dcay.info. We’ll strive to find a solution within 30 days (if applicable).

16.2 Binding Arbitration

In the rare case an issue can’t be resolved informally, binding arbitration through ICA becomes the next step. The arbitration will be held with English as the language. It’s important to note that arbitration occurs on an individual basis, meaning class-action lawsuits are not permitted. The prevailing party will be reimbursed for reasonable attorney fees and expenses.

We will faithfully uphold any arbitration decisions, and this dispute resolution process applies to all conflicts arising from your relationship with Whispers of Decay, including subsidiaries, affiliates, and partners. It covers the Game, documentation, and services, regardless of whether the claim falls under contract law, tort law, or any other legal theory.

Finally, please note that while we have the right to enforce these Terms, we do so at our sole discretion. We reserve the right to determine the extent of such enforcement. Our Terms of Service are subject to change, so please check the website periodically for updates. Your continued use of the website after any changes signifies your acceptance of those revisions.

17. Inadequacy of Damages

YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU BREACH THESE TERMS, THE COMPANY WILL SUFFER DAMAGE THAT WOULD BE DIFFICULT TO MEASURE AND AS SUCH, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, THE COMPANY SHALL BE ENTITLED TO EQUITABLE RELIEF, INCLUDING BUT NOT LIMITED TO, INJUNCTIVE RELIEF.

19. Class Action Waiver

YOU AGREE THAT YOU MAY NOT BRING A CLASS ACTION OR CLASS ARBITRATION AGAINST THE COMPANY.

20. Copyright Notice

All content on the Website and Game, including but not limited to text, graphics, logos