Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Distinct Possibility Studios, Inc. ("DPS," "we," "us," or "our") and govern your access to and use of Valesong, including the game client, any website or web page on which we make Valesong available, and any related features, content, and services (collectively, the "Game").

Please read these Terms carefully. By accessing or playing the Game, you agree to be bound by them. If you do not agree, do not access or play the Game.

1. Acceptance of These Terms

By creating an account, launching the Game, or otherwise using the Game, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

2. Eligibility

The Game is not directed to children. You must be at least 18 years old to create an account or play the Game. By using the Game, you represent and warrant that you are at least 18 years old and that you are not barred from using the Game under the laws of your jurisdiction. We may terminate any account we believe belongs to a person under 18.

3. Your Account

• You may be required to register an account, or to sign in through a third-party service such as Discord, in order to play.
• You are responsible for the accuracy of the information you provide and for all activity that occurs under your account.
• Keep your credentials confidential. Notify us promptly at legal@dps.gg if you believe your account has been accessed without your authorization.
• Accounts are personal to you. You may not sell, rent, lease, gift, share, or otherwise transfer an account, and you may not access an account belonging to anyone else.
• One person may not operate multiple accounts to gain a competitive, ranking, or reward advantage.

4. License to Play

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and play the Game for your own private, non-commercial entertainment. This license grants you no ownership interest in the Game or in anything within it.

Except as expressly permitted by these Terms or by applicable law that cannot be waived, you may not copy, modify, translate, adapt, create derivative works from, decompile, disassemble, reverse engineer, sell, rent, lease, sublicense, distribute, publicly perform, or otherwise exploit the Game or any part of it.

5. Virtual Items, Cards, and Purchases

• The Game may include virtual currency, cards, decks, cosmetics, packs, passes, and other virtual items (collectively, "Virtual Items").
• Virtual Items are licensed to you, not sold. You have no ownership or property interest in any Virtual Item, and Virtual Items have no monetary value outside the Game.
• Virtual Items cannot be redeemed for cash or for anything of monetary value from us, and may not be sold, traded, or transferred for real-world consideration except through a facility we expressly provide for that purpose.
• We may add, change, remove, rebalance, re-price, expire, or discontinue any Virtual Item at any time. Card text, statistics, rarity, and availability are subject to balance changes.
• All purchases are final and non-refundable except where a refund is required by applicable law or by the rules of the platform through which you purchased.
• Purchases made through a third-party platform are also subject to that platform's terms, and refund requests for those purchases may need to be made to that platform.
• Your license to Virtual Items ends when your account is terminated or when the Game is discontinued. We are not required to compensate you for unused Virtual Items.

6. Acceptable Use and Prohibited Conduct

When using the Game, you agree not to:

• Cheat, or use bots, macros, scripts, automation, trainers, memory editors, packet manipulation, or any other unauthorized software or hardware to gain an advantage;
• Exploit a bug, glitch, or error rather than reporting it to us;
• Intentionally disconnect, stall, collude, throw matches, boost accounts, or otherwise interfere with fair competitive play;
• Harass, threaten, stalk, defame, or abuse other players; post hateful, discriminatory, sexually explicit, or violent content; or otherwise behave in a way that spoils the experience for others;
• Impersonate any person or entity, including our staff;
• Access, tamper with, or use non-public areas of the Game, our servers, or our infrastructure; probe or scan for vulnerabilities; or defeat authentication or security measures;
• Interfere with or disrupt the Game or its servers, including through denial-of-service attacks or excessive automated requests;
• Scrape, harvest, or mine data from the Game except as expressly permitted;
• Sell, buy, or advertise accounts, Virtual Items, boosting, or in-game services for real-world value;
• Use the Game for any unlawful purpose or in violation of any applicable law or regulation.

We may investigate suspected violations and take any action we consider appropriate, including removing content, rolling back progress, revoking Virtual Items, restricting features, and suspending or terminating accounts.

7. User Content

The Game may allow you to submit content such as a display name, deck names, chat or emote messages, and feedback ("User Content"). You retain whatever rights you hold in your User Content. By submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, display, and distribute that User Content in connection with operating, promoting, and improving the Game.

You represent that you have the rights necessary to grant that license and that your User Content does not infringe anyone's rights or violate any law. We may remove User Content at any time.

If you send us ideas, suggestions, or feedback, we may use them without restriction, credit, or compensation.

8. Discord and Other Third-Party Services

The Game may be made available as a Discord Activity and may let you sign in with, or connect to, third-party services. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. Third-party services may change or withdraw access in ways that affect the Game.

9. Our Intellectual Property

The Game and everything in it — including the name Valesong, the software, game rules and systems, card names and text, artwork, characters, music, sound effects, user interface, and all other content — is owned by DPS or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license in Section 4, no rights are granted to you.

You may create and share videos, streams, screenshots, and similar non-commercial fan content featuring the Game, provided you do not imply that DPS endorses it, do not use our marks in a way likely to cause confusion, do not charge for access to it, and do not include content that violates Section 6. We may withdraw this permission at any time.

10. Changes to the Game; Early Access and Testing

The Game is an evolving, online service. We may change, patch, rebalance, add, or remove features, cards, modes, and content, and we may take the Game offline for maintenance, at any time and without notice. We may also stop offering the Game entirely.

Parts of the Game may be offered as a playtest, beta, or early-access build. Those builds may be unstable, may contain errors, and may have their progress, accounts, or Virtual Items reset or wiped. Information about unreleased builds may be confidential, and we may ask you to keep it so.

11. Suspension and Termination

You may stop playing and close your account at any time by contacting us at legal@dps.gg.

We may suspend or terminate your access to the Game, in whole or in part, with or without notice, if we believe you have violated these Terms, if required by law, or if we discontinue the Game. On termination, your license under Section 4 and any license to Virtual Items ends. Sections that by their nature should survive termination will survive, including Sections 5, 7, 9, and 13 through 18.

12. Privacy

Our handling of personal data is described in our Privacy Policy. Questions about privacy may be sent to privacy@dps.gg.

13. Disclaimers

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA, PROGRESS, OR VIRTUAL ITEM WILL BE PRESERVED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, DATA, PROGRESS, OR VIRTUAL ITEMS, ARISING OUT OF OR RELATING TO THE GAME OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE GAME WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE GAME IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless DPS and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Game, your User Content, or your breach of these Terms or of any law or third-party right.

16. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or to the Game are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and DPS agree that the state and federal courts located in San Diego County, California have exclusive jurisdiction over any dispute that is not otherwise resolved, and you consent to personal jurisdiction and venue in those courts. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings in your local courts or to rely on mandatory local consumer protections, this section does not deprive you of that right.

Before filing a claim, please contact us at legal@dps.gg so we can try to resolve it informally.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date above and, for material changes, provide notice through the Game, by email, or by a prominent notice before the change takes effect. Your continued use of the Game after the change takes effect means you accept the updated Terms. If you do not accept them, stop using the Game.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and DPS regarding the Game, and supersede any prior agreement on that subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Export and sanctions. You may not use the Game in violation of applicable export control or sanctions laws.
• Headings. Section headings are for convenience only and do not affect interpretation.

19. Contact Us

If you have questions about these Terms, please email us at legal@dps.gg.

Distinct Possibility Studios, Inc.