These Terms of Use constitute a legally binding Agreement made between you, whether personally or on behalf of an entity (“you”, “user”, “client”) and XAPEA LIMITED, a Company incorporated and established under the Laws of United Kingdom with company Number 13429733 having its registered address at FLAT 7 BLOOM HOUSE 15 ALAMEDA PLACE LONDON ENGLAND E3 2ZN (referred to as the “Company” “us” “We”) concerning your access and use of https://new-world.dev/.

New World Game specifications

• New World is an action game where you must defend your home from an endless horde of zombies.
• The game has 30 levels with 3 different difficulties setting.
• In the game you can choose from a variety of 10 different weapons, 3 home defences and 4 different consumables.
• The game features 20 different upgrade.
• To advance through the levels and unlock powerful weapons and upgrades, you can purchase weapon NFTs in our NFT store and link it to your in-game profile.
• New world is available for Windows and Android.

Acceptance of the Terms of Use

By sign up with New World, you agree to be bound by these Terms of Service. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service. We may make changes to this Agreement from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our website, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

When you use our service, we may collect information about you. Please consult our Privacy Policy regarding the information we collect from you and how we use it. You are responsible for maintaining the confidentiality of your login credentials you use to sign up with us, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

Eligibility

You are not authorized to use and access https://new-world.dev/ unless all of the following are true:

• you are at least 18 years of age.
• you can form a binding contract with the Company.
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Users’ warranties

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• use the Service for any harmful or nefarious purpose.
• use the Service in order to damage the Company.
• spam, solicit money from or defraud any members.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
• post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic.
• post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
• use another member's account, share an account with another member, or maintain more than one account.
• create another account if we have already terminated your account, unless you have our permission.

We reserve the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Data Protection

The Company undertakes and warrants you to use your personal information only for the purposes of this Agreement, for any legal requirements, for the protection of best legal interest of the Company and any particular purpose for the better performance of this Agreement.

You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any your content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company’s users and the public.

For more information visit our Privacy Policy which is found in our website.

Proper Use

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable national, European and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by the Company in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or another proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose.

Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Blocking of IP Addresses

In order to protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Modifications to our Services

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimers of Warranties

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY.THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. The Company cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content

Certain content, products, and services available via the Service may include materials from third parties. In addition, the Company may provide links to certain third-party websites. You acknowledge and agree that the Company is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Company is not in any way responsible for any such use by you.

Limitation on Liability

In no event the Company will be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company the twelve (12) months prior to the claimed injury or damage.

Indemnity by the Client

You agree to indemnify and hold the Company its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of the Company’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

Confidential Information

You agree to hold the Company’s Confidential Information in confidence during the term of this Agreement and for a period of five (5) years after termination of this Agreement. You agree that, unless required by law, you will not make the Company’s Confidential Information available in any form to any third party or use the Company’s Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose the Company’s Confidential Information, you will provide us with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting us to minimize the disclosure.

“Confidential Information” means any information disclosed by the Company to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Company or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of unauthorized use or disclosure of any of the Company’s Confidential Information, you will promptly inform the Company and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.

Suspension and Termination of Account and Service

We think it’s very important that our platforms are fair for everyone. Sometimes this means we suspend or terminate accounts if we find it necessary. These decisions can be contested via our Support but can not be legally disputed as we are not obliged to offer access to our service or compensation for any losses or consequences resulting from account suspension or termination.

We may at any point, at Our discretion, limit, suspend, terminate, modify or delete accounts or access to the Service or portions thereof if you are, or We suspect that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose your username and persona in Our Service as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service, and We are under no obligation to compensate you for any such losses or results.

We may at any point, at Our discretion, limit, suspend or terminate the Service and user accounts or portions thereof, prohibit access to Our games, apps and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if We believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of Our terms or policies. Additionally, We may, in appropriate circumstances and at Our sole discretion, suspend or terminate accounts and/or access of users who may be repeat infringers of third party intellectual property rights.

We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with the discontinuation of Our Service or a portion thereof. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

Cookies

Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login, once you are subscribed. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to use the website. For more information, please read our Cookies Policy.

Your Consent

By using our website, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will post those changes here so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. In case you have any enquiries, you can contact us here info@xapea-it.com

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Force Majeure

Delay in or failure to carry out our services shall not be deemed breaches of this Agreement if such delay or failure results from circumstances beyond our reasonable control, including but not limited to wars, strikes, disasters, fires, explosions, riots, diseases, epidemics, pandemics, cyber-attacks (hacker attacks, infection of malware, virus, ransomware), terrorist attacks, disruption or failure of internet, telecommunications network, electricity or by reason of any other cause beyond the our reasonable control.

Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, is governed by and construed in accordance with the laws of United Kingdom.

You agree that the courts of London, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.