Terms of Use

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you and Gacha Galaxy Labs Inc, doing business as Gacha Galaxy. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. Gacha Galaxy is registered in Panama with registered office at Torre Advanced Building, Ricardo Arias Street of the City of Panama, Republic of Panama, 0823-01310.

IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all contents therein are Gacha Galaxy's proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or controlled by Gacha Galaxy, or licensed to Gacha Galaxy, and are protected by intellectual property and other laws.

3. User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update as necessary
• You have the legal capacity and agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside
• You will not access the Site through automated or non-human means
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law and/or regulation

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which Gacha Galaxy makes the Site available. As a user of the Site, you agree not to engage in prohibited activities including but not limited to:

• Systematically retrieve data or other content from the Site
• Trick, defraud, and/or mislead Gacha Galaxy and/or other users
• Circumvent, disable, or otherwise interfere with security-related features
• Disparage, tarnish, or otherwise harm Gacha Galaxy and/or the Site
• Use any information obtained from the Site to harass, abuse, and/or harm another person
• Make improper use of support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with applicable laws and/or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit viruses, Trojan horses, or other harmful material
• Engage in any automated use of the system
• Delete the copyright and/or other proprietary rights notices from any Content
• Attempt to impersonate another user or person

6. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance of your Contributions do not and will not violate any applicable law and/or regulation
• Your Contributions shall not be defamatory, obscene, vulgar, or offensive
• Your Contributions shall not contain any malware, viruses, or other harmful code
• Your Contributions shall not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights
• Your Contributions shall not be used to harass, abuse, or harm any individual or group
• You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity

7. Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Gacha Galaxy an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retransmit, modify, edit, display, perform, market, and distribute your Contributions (in whole or in part) and to incorporate your Contributions into other works in any form, media, or technology now known or later developed.

8. Guidelines for Reviews

Gacha Galaxy may, in its sole discretion, remove or edit Contributions that it deems objectionable or in violation of these Terms of Use. If you post reviews or feedback about Gacha Galaxy's Site or services, you agree that your reviews will be truthful, not misleading, and will not contain any offensive or defamatory content.

9. Mobile Application License

If you access the Site via a mobile application, Gacha Galaxy grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile application on a single mobile device that you own or control and to run such copy solely for your own personal, non-commercial purposes, subject to all the terms and conditions of this Agreement.

10. Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third Party Account") by either: (a) providing your Third Party Account login information through the Site; or (b) allowing Gacha Galaxy to access your Third Party Account, as is permitted under the terms and conditions that govern your use of each Third Party Account. You represent you are entitled to disclose your Third Party Account login information to Gacha Galaxy and/or grant Gacha Galaxy access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating Gacha Galaxy to pay any fees or making Gacha Galaxy subject to any usage limitations imposed by the third-party service provider of the Third Party Account.

11. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Gacha Galaxy or the Site provided by you to Gacha Galaxy (collectively, "Submissions") are non-confidential and shall become the sole property of Gacha Galaxy. Gacha Galaxy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. Site Management

Gacha Galaxy reserves the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Gacha Galaxy's sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in its sole discretion and without limitation, notice, or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Gacha Galaxy's systems; and (5) otherwise manage the Site in a manner designed to protect the rights and property of Gacha Galaxy and third parties and to facilitate the proper functioning of the Site.

13. Privacy Policy

Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our privacy practices.

14. Intellectual Property Infringements

If you believe that any user-generated content or other content on the Site infringes upon your intellectual property rights, please contact Gacha Galaxy at support@gachagalaxy.io with the following information: (a) your physical or electronic signature; (b) identification of the copyrighted work or other intellectual property that you claim has been infringed; (c) identification of the material on the Site that you claim is infringing and its location on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; (f) your statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other intellectual property owner.

15. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, GACHA GALAXY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

If Gacha Galaxy terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Gacha Galaxy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. Modifications and Interruptions

Gacha Galaxy cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that Gacha Galaxy has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Gacha Galaxy to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

17. Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the jurisdiction in which Gacha Galaxy is established, without regard to its conflict of law principles.

18. Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or through litigation in the courts of the jurisdiction in which Gacha Galaxy is established, at Gacha Galaxy's sole discretion.

19. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and various other information. Gacha Galaxy reserves the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.

20. Disclaimers

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. GACHA GALAXY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GACHA GALAXY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

21. Limitations of Liability

IN NO EVENT SHALL GACHA GALAXY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF GACHA GALAXY OR A GACHA GALAXY AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

22. Indemnification

You agree to defend, indemnify, and hold harmless Gacha Galaxy and its officers, directors, employees, agents, and suppliers from and against any claims, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your Contributions, or your violation of these Terms of Use.

23. User Data

Gacha Galaxy will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although Gacha Galaxy performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that Gacha Galaxy shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Gacha Galaxy arising from any such loss or corruption of such data.

24. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

25. Contact Information

If you have any questions or concerns regarding these Terms of Use, please contact Gacha Galaxy at:

Email: support@gachagalaxy.io

Mailing Address: Torre Advanced Building, Ricardo Arias Street of the City of Panama, Republic of Panama, 0823-01310

26. Entire Agreement

These Terms of Use and any policies or operating rules posted by Gacha Galaxy on the Site or in connection therewith constitute the entire agreement and understanding between you and Gacha Galaxy and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter of these Terms of Use.

27. Severability

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 modified to the minimum extent necessary, and the remaining provisions of these Terms of Use shall remain in full force and effect.