De:Lithe Last Memories Terms of Use
(Established: April 17, 2024 / Revised: August 14, 2025)
These De:Lithe Last Memories Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for use, usage precautions, and other necessary matters regarding this application provided by GEEKOUT PTE.LTD. (hereinafter referred to as “the Company”). The Terms also cover the use of all services provided through this application and related services (hereinafter collectively referred to as the “Service”).
Article 1 (Scope and Amendment of these Terms, etc.)
- Users of this Service (hereinafter referred to as “Users”) shall agree to these Terms before using the Service (the contract regarding the use of the Service between the Company and the User, based on these Terms and related regulations, shall hereinafter be referred to as the “Contract”). The Company may establish various rules, regulations, or guidelines concerning the Service. These shall constitute part of these Terms and apply to all use of the Service by Users (collectively, “the Terms, etc.”).
- The Company may amend these Terms at any time under the following circumstances:
- If such amendment is in the general interest of Users;
- If the amendment does not contradict the purpose of the Contract, and is reasonable in light of the necessity for the change, content after amendment, and related circumstances.
- For changes stipulated above, the Company will inform Users of the amended Terms by displaying the content and effective date of the amendment on the Service, at least two weeks prior to the effective date.
- If the User does not agree to the changes to these Terms, the User’s only recourse is to cancel his/her registration and terminate the Contract. If the User continues to use the Service after the date specified in the notification, the User will be deemed to have agreed to the amended Terms.
- In using the Service, Users acknowledge and agree that:
- Agreement to these Terms and compliance therewith is a prerequisite for the Company granting the User use of the Service; if the User violates the Terms, the Company may, without notice, refuse further use. In this case, any expenses already incurred by the User shall not be refunded.
- That these Terms may be changed from time to time and that the User should regularly check notices posted within the Service. Where there is any inconsistency between these Terms and other regulations or guidelines, unless otherwise stipulated, the provisions of these Terms prevail.
Article 2 (Definitions)
The definitions of terms used in these Terms are as follows:
- “NFT”: Refers to non-fungible tokens or similar digital items created on blockchain.
- “Wallet” : A system that manages private keys necessary for transferring crypto assets and NFTs on blockchain.
- “Self-managed Wallet”: Refers to a Wallet where the User manages the private key.
- “The NFT”: The NFTs issued by the Company in relation to the Service.
- “Service Website”: The website operated by the Company concerning the Service.
- “The Products”: All data (including but not limited to NFTs) sold by the Company to Users within the Service.
- “Product Purchaser”: A User who purchases Products through the Service.
- “User Page”: The webpage within the Service Website where Users can manage their registered information.
- “GEEK”: Crypto assets issued by the Company, usable within the Service.
- “The Marketplace”: The platform service operated by the Company, where NFTs are sold by the Company and Products are sold and purchased among Users.
Article 3 (Use by Minors)
- If a minor uses the Service, all use thereof (including paid services such as purchasing crypto assets, points, or items), including agreement to these Terms, shall require the consent of a legal representative (such as a parent or guardian).
- If a minor uses paid services in the Service, usage will be limited to a monthly upper limit specified separately by the Company.
- If a minor uses the Service by falsely claiming to have consent or by misrepresenting their age or date of birth in order to be recognized as an adult, the Company will assume that fraudulent means were used to make the Company believe in the User’s legal capacity, and will not permit cancellation of any such legal act.
- If a User, who was a minor at the time of agreeing to these Terms, uses the Service after reaching adulthood, the User is deemed to have ratified all legal acts concerning use of the Service while a minor.
Article 4 (User Registration)
- Users obtain an account to use the Service by registering.
- User registration may automatically be cancelled if, for example, the User has not used the Service for a certain period set by the Company.
- When changing the device used, the User may carry over their account to the new device only by procedures specified by the Company (hereinafter, “Account Carry Over”). The scope of available Account Carry Over is determined separately by the Company.
- If the Company requests information registration (including personal information) during necessary procedures, the User shall register the information by the method specified by the Company.
- The User warrants that all information registered is accurate and truthful.
- If there are changes to registered information, the User shall promptly update the information as specified by the Company.
- Only one account may be registered per person.
- The Company may refuse a User registration request under the following circumstances:
- If the registration information contains inaccurate or false data;
- If the User is a minor, adult ward, person under curatorship/protection, and lacks necessary consents;
- If the User has been suspended from use due to violation of Terms etc.;
- If the User has engaged in, or is deemed likely to engage in, conduct that interferes with the Company’s operations or other User’s use;
- If the User is an antisocial force or resides in a country that supports terrorism as defined herein;
- If the User is deemed by the Company to have violated, or be likely to violate, representations or warranties regarding these Terms;
- If the User is deemed by the Company to use the Service for fraudulent or criminal purposes;
- If the User is deemed by the Company to use the Service in violation of the Contract;
- If the User has already registered another account;
- Other reasons rationally deemed inappropriate by the Company.
Article 5 (Responsibility for Managing Login Information)
- Users shall manage their account name and password (“Login Information”) at their own responsibility, and shall not allow use by third parties (including other Users), nor lend, assign, change name, or sell the information.
- Users bear all responsibility for losses from inadequate management, misuse, or third-party use of Login Information; the Company bears no liability whatsoever.
- Users bear all responsibility for actions made using their Login Information, regardless of who actually used it. The Company will consider any action taken using the Login Information as that of the User responsible for managing that Login Information.
- If the User forgets their Login Information, they must promptly notify the Company and follow its instructions. The Company assumes no liability for any disadvantage (including loss of game data as defined in Article 19) arising from such. If Login Information is lost due to unauthorized use, theft, loss, breakdown, or other device management issues, the same applies as above.
- If Login Information is stolen or leaked or used by a third party, the User must notify the Company immediately and follow its instructions.
- In such a case, except where intentionally or grossly negligent, the User shall compensate for any losses sustained by the Company or third parties due to the theft, leak, or unauthorized use of Login Information.
- The Company assumes no liability for any loss, theft, or inability to use crypto assets or NFTs (including those within a Self-managed Wallet) arising from device failures, unauthorized access, malware, spyware, virus attacks, mismanagement or misuse of account information, except where caused by intent or gross negligence by the Company.
- When devices are changed, in-game data such as points can be transferred only through the specified transfer process in the game. Without this process, data cannot be transferred.
- The User understands and agrees in advance that if such a transfer process is not performed, all acquired or purchased in-game points or data may be lost without prior notice.
- Users must not register or use multiple accounts. If multiple registrations are detected, the Company may suspend all such accounts without notice, and bears no liability for resulting losses.
- Users must not use one account simultaneously on multiple devices. When switching devices, the User must log out from other devices before logging in elsewhere.
- The Company may delete accounts that have not accessed the Service for over one year without prior notice.
- All rights to use the Service are lost when an account is deleted, regardless of cause. Accidentally deleted accounts cannot be restored.
Article 6 (Linking with External Service Accounts)
- The Company may provide features whereby Users may use, in lieu of the Company’s own User ID, accounts and passwords from services operated by third parties (“External Service Accounts”).
- The User who wishes to use such External Service linkage must undertake the procedures specified by the Company.
- The User agrees that, for the purposes of linkage or use, information held by the external service operator (“External Service Information”) may be acquired and displayed by the Service, and that the acquired information may change in the future due to the operator.
- Users must comply with the terms of use of each external service at their own responsibility.
- Provisions regarding Login Information in the previous Article apply equally to External Service Account Information.
Article 7 (Third-party Services)
- To use the Service, use of certain services or systems provided by third parties designated by the Company may be necessary.
- When using peripheral services such as those related to blockchain, Users must comply with all applicable policies and conditions of said services. The Company reserves the right to take any measures, including suspension, upon violation or suspected violation of these policies and conditions.
- When using a Self-managed Wallet on the Service, Users must prepare such Wallet at their own responsibility. Users must not transfer or share such Wallet with third parties.
Article 8 (Intellectual Property Rights)
- All programs, software, trademarks, trade names, and related technology constituting the Service and its servers are the property of the Company or other rightsholders.
- Users may not use any information obtained through the Service in any way that infringes intellectual property rights, except where prior written consent is obtained from the Company or a legitimate rightsholder.
Article 9 (Intellectual Property Rights and License for Products)
- Intellectual property rights for Products and any works posted on the Service remain with the Company or licensors, not transferred to the Product Purchaser. Except as specified below, the Product Purchaser may not reproduce, distribute, repost, modify, adapt, or otherwise use Products for secondary purposes.
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The Company grants Product Purchasers a non-exclusive, royalty-free right to use Products within the necessary scope for the following:
- Viewing or utilizing Products within the Service as intended therein
- Selling NFTs to other Users under the Company’s specified conditions
- Use in accordance with license conditions specially provided on the Service Website
- The Product Purchaser may only use their owned Products within the above scope.
- Users grant the Company the right to freely use and modify any content on their User Page, including text entered by the User, for the Company’s promotion, and Users shall not exercise moral rights in those modifications.
- This provision remains in effect post-termination of this Contract.
Article 10 (User Posts)
- The Service may offer messaging or bulletin board functions (“Posting Functions”).
- Users are solely responsible for their Posting Information (texts, images, etc.) and the Company assumes no liability.
- The Company may save or aggregate Posting Information and use it freely (including modification) for smooth operation or promotional purposes.
- If any third party holds copyrights or moral rights to Posting Information, the User must obtain their advance permission for Company use as set forth above.
- Users warrant that Posting Information and Company use thereof will not infringe any third party rights or interests.
- The Company may view and delete all or part of Posting Information at its sole discretion.
Article 11 (Handling of User Information and Posting Information)
- The Company may collect the following User Information:
- Nickname, email address
- Device information (device ID, OS, language settings, country, etc.)
- Usage status (Service version, usage history, etc.)
- External Service Information
- If User or Posting Information constitutes “Personal Information”, the Company will handle it as stated in its Privacy Policy.
- The Company will use User or Posting Information for the following purposes:
- Personal identification
- After-service or inquiries
- Information provision about the Service or the Company
- Provision of third-party advertisements
- Surveys, campaigns, etc.
- Communications regarding Personal Information handling
- Investigations or actions for suspected violation of Terms
- Analysis of user trends and providing tailored services/ads
- Preparation and publication of statistics regarding Service usage
- The Company may provide User or Posting Information to third parties in the following cases:
- With User consent
- If disclosure is necessary to provide requested services
- For sending information on advertisements or services
- For analysis or aggregation for business improvement and marketing
- When the handling of information is outsourced
- When disclosure is required by public authorities
- When required by law
- For urgent protection of life or property
- For special needs in public health or youth development if obtaining consent is difficult
- If necessary for government agencies performing legally mandated tasks
- Upon business succession
- The Company may outsource handling of User or Posting Information.
- Users may request disclosure, deletion, correction, suspension, or withdrawal of their registered information, and the Company will promptly respond solely when it can confirm the request is from the User him/herself.
Article 12 (Last Memo ID)
- The Company may grant a shared ID (“Last Memo ID”) for mutual linkage among applications provided by the Company. The Company will not notify Users of their Last Memo ID.
- If separate acquisition procedures are used for different Company apps, distinct Last Memo IDs may be assigned, not recognizing them as the same User.
- If the Company provides a portal site or application using the Last Memo ID, Users must agree to the separately posted terms for use thereof.
- Users may share designated crypto assets among multiple Company apps linked to the same Last Memories ID.
- The Company may use the following information of Users with Last Memories IDs in other apps linked to that ID:
- Registered nickname and profile information
- Last Memo IDs of friends
- Posting Information
Article 13 (Confidentiality of Communication)
The Company may view, disclose, or delete information relating to the confidentiality of User communications without prior notice to Users in the following cases:
- Where coercive action is taken under the Code of Criminal Procedure or telecommunications interception law;
- Where disclosure requirements are met according to laws regarding liability limitations for designated telecommunications providers;
- Where the Company deems it necessary to protect another’s life, body, property, honor or privacy;
- Where the User has given consent;
- Where otherwise necessary for proper operation of the Service.
Article 14 (Service Updates)
- When the Company releases an updated version of the Service, Users must download the update and use the latest available version. The Company does not guarantee all updates will function properly on every device.
- The Company may require the client to automatically download update programs/data when connecting to servers.
Article 15 (Individual Paid Services)
- The Company may allow Users to apply for purchase of crypto assets, points, items, etc. (“Paid Items”) using specified settlement methods and denominations.
- The Company shall provide Paid Items according to the application, but if payment procedures are not confirmed, Paid Items may not be provided.
- Disputes concerning settlement between Users and third parties must be resolved by the parties; the Company assumes no responsibility unless due to its fault.
- Except where legitimate in-Service transfer mechanisms exist, Users may not transfer, lend, assign, convert into other crypto assets, or receive cash refunds for Paid Items to or from third parties.
- The Company does not refund any payments already received, unless due to its own fault.
- If there are defects in provision of Paid Items, the Company may substitute or otherwise restore the situation.
Article 16 (Sale or Purchase of Products by the Company/Users)
- In selling Products, the Company shall display details, prices, and sales periods on the Service Website.
- Users wishing to purchase Products must understand and agree to the specified sales conditions and input required information. To purchase, Users must possess and connect a Self-managed Wallet specified by the Company.
- When a User satisfies all required sales conditions and inputs all necessary information, the sales contract for the Product is concluded when the Company receives such information.
- Users must pay the purchase price in the method specified by the Company.
- Upon conclusion of the contract, the Product will be registered to the User’s account as proof of delivery. For NFTs, delivery may be made by sending the NFT to the User’s Self-managed Wallet.
Article 17 (Preparation of Environment by Users)
- Users shall, at their own responsibility and expense, prepare the environment, equipment, and connection required to access the Service’s servers.
- Except as expressly provided, the Company does not compensate in any way for costs incurred due to non-use or inability to use the Service.
Article 18 (Change, Deletion, and Modification of Data)
- Users shall not claim any rights in data constituting the Service (excluding their own Posting Information), and may only use such data within the scope permitted by the Terms.
- The Company may, for operational necessity or as required for the benefit of most Users, delete, move, adjust, or otherwise modify all or part of Service data without the User’s prior approval. Nonetheless, significant and disadvantageous changes will be notified in advance via the Service.
Article 19 (Handling of Game Data, etc.)
- Products purchased, items held, status of use, progression, any information posted, and all other status achieved or recorded in the Service (“Game Data, etc.”) may be deleted after a period set by the Company counting from the last use by the User. [However, this does not apply to crypto assets and NFTs.]
- The Company offers no warranty regarding the storage or retrievability of Game Data, etc. before or after expiry of this period.
- The Company is not responsible or obliged to restore lost data caused by the User changing devices.
Article 20 (Prohibited Conduct in Using the Service)
Users shall not engage in, or attempt to engage in, any of the following acts, or any acts that are likely to fall under the following:
- Acts in violation of laws or regulations (including statutes, treaties, cabinet orders, ordinances or other rules that legally bind Users), or acts likely to violate the same; or acts that solicit or encourage illegal activity.
- Criminal acts, acts connected to criminal acts, and acts that promote such acts.
- Acts that infringe upon the intellectual property rights or other rights of the Company or third parties.
- Removal or alteration of copyright notices or other rights notices attached to the Service.
- Filing false reports or using deception to interfere with the Company’s business.
- Coercing the Company or third parties to assume obligations or accept things without due cause.
- Defamation, threats, discrimination, statements or behaviors that cause anxiety or discomfort, or other harassment toward third parties (including but not limited to posting violent, grotesque, or otherwise generally offensive text, images, graphics, or other expressions or information; attacking specific or unspecified individuals or groups; or causing mental distress to third parties).
- Defaming or slandering the Company, the Service, or any other services/products provided by the Company, or their contents or management.
- Selling, displaying, or transmitting/displaying advertisements for obscene material (as determined by the Company regardless of artistic merit), child pornography, child abuse, or material that violates public order and morals.
- Placing links to adult websites, dating sites, age-restricted sites, etc., or otherwise inducing Users toward them.
- Soliciting, responding to solicitations for, or brokering romantic relationships with individuals of the same or opposite sex.
- Promoting, soliciting, or glorifying the use of stimulants, narcotics, or other drugs, underage drinking/smoking, gambling, suicide, or self-harm.
- Cooperating or engaging with antisocial forces (organized crime groups, etc., as defined under the Act on Prevention of Unjust Acts by Organized Crime Group Members) or soliciting others to do so.
- Posting, registering, or otherwise providing false or misleading content.
- Illegally collecting or using personal information of third parties (including but not limited to conduct disclosing information by which another User can be identified inside or outside the Service).
- Engaging in commercial activities, fundraising, chain schemes, pre-election campaigning, political activities, proselytizing or other religious activities (including but not limited to advertisements, publicity, or solicitations with affiliate links and acts of forwarding them).
- Soliciting or inviting others to services other than the Service.
- Buying, selling, or exchanging Game Data, etc., for cash or cash equivalents, except where a legitimate mechanism is provided within the Service.
- Promising to buy/sell or exchange, or engaging in preparatory acts for the above, whether inside or outside the Service (including but not limited to listing in auctions or exchanging messages for sale/exchange).
- The following spam acts (including linking to web pages or programs used for such acts):
- Spam Posts: Posting or sending by email the same or similar text in areas of the Service where posting is allowed, by one or multiple Users.
- Spam Words: Posting in such areas multiple terms that are irrelevant or scarcely related to the area, or posting extremely long texts or large volumes of terms.
- Spam URLs: Posting or emailing the same URL in the Service by one or multiple Users.
- Manipulating or altering any data constituting the Service by any means not permitted under the Terms, etc., or attempting to do so.
- Modifying, disassembling, decompiling, reverse engineering, or analyzing programs used in the Service, or using the results of such acts conducted by third parties.
- Using any external tool (including BOTs, cheat tools, or other tools that illicitly manipulate the results of the Service) not explicitly approved by the Company, or exploiting glitches or other behavior unintended by the Company to obtain Game Data, etc. or gain other benefits, or attempting to do so.
- Transmitting computer viruses, transmitting data of excessive size, or otherwise putting excessive load on servers.
- Circumventing, disabling, nullifying, or otherwise bypassing technical measures implemented by the Company to protect the Service.
- Connecting to the Service’s servers by methods unintended by the Company for the purpose of circumventing prohibited acts or for other improper purposes.
- Acting as an intermediary, by communication or other means, for access to the Service.
- Using multiple login credentials from the same or multiple devices to access the Service, except where permitted by the Company.
- Sharing a single account among multiple individuals.
- Using a third party’s account, with or without consent.
- Operating using a borrowed device, or lending one’s device to allow a third party to operate.
- Providing or disclosing information on discovered glitches to third parties intentionally (excluding reports to the Company).
- Impersonating officers, employees, or designated customer support staff of the Company, or any third party, or falsely claiming to have a partnership or cooperative relationship with any third party.
- Soliciting or encouraging third parties to engage in any of the foregoing acts, or engaging in preparatory acts therefor.
- Altering or deleting information usable via the Service.
- Acquiring Products by improper means, or knowingly acquiring/using Products obtained by improper means.
- Exchanging Products for cash or other property or economic benefits by methods not specified by the Company.
- Engaging in sham transactions or other deceptive or manipulative trading activities.
- With the intent to influence the value of GEEK or NFTs, engaging in any of the following: Disseminating to an unspecified number of persons facts without reasonable grounds that the User has directly experienced or recognized; Employing deceptive means to mislead others or making statements unduly stirring others’ speculative desires; Using violence or threats.
- Making false or misleading statements regarding matters concerning the sale of GEEK or NFTs, or other important matters.
- Using GEEK or NFTs for gambling.
- Using NFTs as a means of payment for products, services, etc.
- Lending, assigning, or selling accounts or target data outside the Service.
- Connecting to the Service any wallet whose private key is shared with a third party, or sharing with a third party the private key of a wallet connected to the Service..
- Engaging in or attempting to engage in double-selling of GEEK or NFTs.
- Performing spam listing for the purpose of displaying higher in search results.
- Using the Service for purposes other than those reasonably intended by the Company.
- Registering multiple accounts for the purpose of engaging in any of the foregoing.
- Any other acts that interfere with the operation of the Service or that the Company deems inappropriate.
Article 21 (Exclusion of Antisocial Forces)
- The use of the Service by antisocial forces or parties in close relationship therewith (including terrorism-supporting countries) is prohibited.
Should a User be so determined, the Company may suspend Service without notice and shall not be liable for any resulting damages. - Users warrant they are not residents of countries under US embargo or identified by the US government as terrorist-supporting or restricted.
Article 22 (Representations and Warranties)
Users represent and warrant that their access to and use of the Service is lawful in their country of residence.
Article 23 (Compensation for Damages)
Users shall compensate the Company for any damages incurred by the Company due to a breach of these Terms or fault attributable to the User.
Article 24 (Action Against Violations)
- If the User violates these Terms, or if the Company determines that there is a risk of such violation, the Company may, without prior notice to the User, take any of the following measures:
- Modify or delete all or part of the User Information and/or Posting Information;
- Suspend the function to post data or otherwise restrict or suspend all or part of the functions provided by the Service;
- Delete Paid Items or other Game Data, etc.;
- Cancel the listing of any NFT exhibited by the User and restrict access to Target Data related to NFTs owned or listed by the User;
- Suspend the use of the Service (including compulsory withdrawal);
- Disclose the fact of violation within or outside the Service, including reporting to the police or other public authorities if it may correspond to criminal, administrative, or other legal cases.
- The deletion of User Information and/or Posting Information pursuant to item (1) of the preceding paragraph shall not relieve or exempt the User from any responsibility regarding the uploading of such information.
- If the User violates the Terms, the User shall, at the Company’s discretion, take all measures reasonably necessary to compensate the Company and third parties for damages caused by the violation, restore any losses, return any unjust enrichment obtained by the User, and otherwise restore any condition created by such violation.
- If any of the following grounds apply, or if the Company determines that there is a possibility that they may apply, the Company may, without prior notice to the User, suspend the use of, or cancel, any Paid Items owned by the User:
- Where the Paid Items were obtained by illicit means;
- Where the Paid Items were unjustly granted due to a system failure or other reason;
- Where the User fails to pay the purchase price for Paid Items.
- In addition to the cases stipulated in paragraph 1 above, the Company may, without prior notice to the User, suspend the User’s use of the Service in any of the following cases:
- If the User has not used the Service for a period separately determined by the Company;
- If a claim, demand, or the like is made by a third party against the Company in relation to the User’s use of the Service, and the Company deems it necessary;
- If the User fails to pay the purchase price for Paid Items;
- If it is found that the User is or was an antisocial force, or that the User has or had capital, transactional, or other relationships with antisocial forces;
- If any or all of the registration information is found to contain falsehoods, errors, or omissions;
- If the User fails to fulfill monetary obligations;
- If the User suspends payment or becomes unable to pay;
- If the User is subject to petitions for attachment, provisional attachment, provisional disposition, other compulsory execution, or disposition for delinquent taxes;
- If a petition is filed for commencement of bankruptcy, civil rehabilitation, or similar proceedings;
- If the User dies;
- If there is any other significant change in the User’s creditworthiness;
- If the Company reasonably determines that the User is or may be involved in money laundering or the financing of terrorism;
- If it is found or suspected that the User has impersonated another User;
- If the User becomes unreachable due to no response to Company communications for a certain period;
- If there has been no use of the Service for a certain period since the last use;
- If the User does not agree to changes to these Terms;
- If it is found that the User has previously been subject to usage restrictions on the Service or any other service provided by the Company;
- If the Company determines that any of the items above are applicable;
- If the Company reasonably determines that continued contractual relations with the User are difficult.
- The Company shall have no obligation to disclose to the User the reasons for taking the measures set forth in this Article.
- The Company may refuse to provide the Service, including any other services provided by the Company, to a User who has been subject to compulsory withdrawal pursuant to paragraph 1, item (4) of this Article (including refusal to provide services and compulsory withdrawal from other services the User is already registered for). The Company may retain and use such User’s personal information to the extent necessary for said measures.
Article 25 (Change, Suspension, and Termination of the Service)
- The Company may change, suspend, or terminate all or part of the Service without prior notice. Where feasible, the Company will endeavor to notify Users in advance by appropriate means.
- Users acknowledge that Products and related data may no longer be accessible or may be deleted accordingly. Updates or resets for game balance or operation may be made at the Company’s discretion.
- Such changes or discontinuation do not constitute contractual or tortious liability on the part of the Company; even where the Company is liable, compensation shall not exceed as specified in Article 26–16.
- The Company may suspend or terminate the Service without notice due to maintenance, system failures, force majeure, hacking, legal changes, or other circumstances as deemed necessary.
- The Company accepts no liability for resulting damages except where caused by its fault.
Article 26 (Disclaimer)
- Even if any malfunction or damage occurs to the User as a result of using the Service, the Company shall provide no compensation or indemnification whatsoever
- The Company shall bear no liability for any damages suffered by the User or a third party arising from the User’s violation of these Terms or failure to carry out procedures or security measures designated by the Company, regardless of whether or not such User was intentional or negligent.
- The User shall, at their own responsibility and expense, handle and resolve any inquiries, complaints, or other claims made by third parties in connection with the User’s use of the Service, or any inquiries, complaints, or other claims the User makes to third parties, and the Company shall bear no liability therefor.
- The Company shall bear no liability whatsoever for any damages incurred by the User as a result of the inability to operate the Service normally due to system failures, communication failures, power outages, fire, natural disasters, war, internal disturbance, riot, labor disputes, or other events, except where attributable to the Company.
- The Company does not warrant the completeness, accuracy, certainty, appropriateness, usefulness, or suitability for the User’s intended purposes or environment of:
- the Service itself;
- the information provided by the Company to the User within the Service;
- the information recorded by the User within the Service; nor does the Company warrant that the Service does not infringe the rights of any third party.
- The Company shall bear no liability whatsoever for maintenance, function fixes, or user support in relation to the Service, except where attributable to the Company.
- The User acknowledges that due to fluctuations in exchange rates or other factors related to the payment method selected by the User, the amount displayed at the time of purchasing Paid Items may differ from the actual amount charged. The Company assumes no responsibility for any impact from such exchange rate fluctuations.
- The Company shall bear no liability for any damages incurred by the User as a result of connecting or being unable to connect to servers provided by third parties. The User shall discuss and resolve any such damages directly with said third parties.
- The Company shall bear no liability whatsoever for any damages incurred by the User arising from defects in the Service, except where attributable to the Company.
- The Company shall bear no liability for any damages suffered by the User resulting from unauthorized access to the Service, intrusion of computer viruses, or other acts by a third party.
- The User understands that the functions, data, and any other services and information provided in the Service may include content under development and are subject to daily updates for various reasons, and that the Company does not guarantee the permanence of such services or information.
- Except where caused by intent or gross negligence on the part of the Company, the Company shall bear no liability, regardless of the cause of claim (whether contractual default, tort, or otherwise), for damages falling under any of the following:
- Damages arising from failure of the User’s equipment environment or from the User’s internet connection environment (including Internet service outages).
- Damages arising from performance values of internet connection services, such as response times from Service equipment.
- Damages arising from unauthorized access, attacks, or interception by third parties on service equipment that cannot be defended even with the care of a prudent manager.
- Damages arising from circulation of goods becoming dysfunctional due to cyberattacks or similar events.
- Damages incurred by the User due to suspension, termination, or similar of all or part of the functions of the account.
- Damages arising from coercive measures based on laws or court orders, or related thereto.
- Damages arising from enactment, amendment, repeal, or re-interpretation of laws, administrative orders, self-regulatory rules, or other applicable rules (including cases with retroactive effect) relating to the Service.
- Damages arising from third-party websites or services.
- Loss of assets arising from blockchain-related events such as sudden spikes in network fees or hard forks, or from delay (or non-report) in the Company’s response or reporting to such events.
- Loss of assets arising from vulnerabilities, malfunctions, or abnormal behavior in blockchain, wallet software, or other crypto asset-related functions, or from delay (or non-report) in the Company’s response or reporting to such events.
- Damage from corruption of wallet files.
- Any other damages caused by reasons not attributable to the Company.
- Any disputes between the User and other Users, holders of intellectual property rights related to the Service, or other third parties, relating to or arising from use of the Service (including disputes occurring on the assumption of future use of the Service), shall be resolved between the parties at their own expense and responsibility, and the Company shall bear no liability.
- If the Company incurs damages (including attorney’s fees) as a result of a dispute prescribed in the preceding paragraph, the parties to such dispute shall be jointly and severally liable to compensate the Company for such damages.
- The Company may, at its reasonable discretion and without obtaining the consent of the User, provide relevant information or other assistance to a third party regarding disputes between the User and other Users or third parties.
- Notwithstanding paragraph 1, if the Company is held liable to the User due to contractual default or tort caused by the Company’s negligence (excluding gross negligence), such liability shall be limited to direct and ordinary damages actually incurred by the User, and to an amount not exceeding the greater of:
- the total amount paid by said User to the Company during the one-month period immediately preceding the occurrence of the damage, or
- JPY 10,000.
Article 27 (No Warranty)
- The Company makes no express or implied warranty that the Service, GEEK, NFTs, Target Data, or blockchain are free from factual or legal defects (including but not limited to defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, communication failures, inaccessibility, errors or bugs, harmful elements such as computer viruses, infringement of rights, or loss of data created by Users).
- The Company makes no warranty whatsoever that any sales contract for Products concluded will be free from grounds for invalidity, cancellation, rescission, or any other circumstances that would impair the formation or validity of such contract.
- The User shall, at their own responsibility and expense, investigate whether their use of the Service violates any laws, industry group internal rules, or other regulations applicable to them, and the Company makes no warranty whatsoever that the User’s use of the Service complies therewith.
- The Company makes no warranty that there will be no future enactment or amendment of laws, regulations, or tax systems relating to NFTs or crypto assets. The User understands and agrees that regulations and policies concerning blockchain technology are uncertain and that new regulations or policies may have a significant impact on the development of the Service or the utility of NFTs. If there is any change in laws or regulations, the Company may, if necessary, take measures such as restricting access to or making non-public any Target Data.
- The Company makes no warranty whatsoever regarding the value, stability, or legality of GEEK or NFTs.
- If links to other websites are provided from the Company’s website, the Company makes no warranty whatsoever regarding any website other than the Company’s website or any information obtained therefrom.
- The Company does not guarantee that the Service or related services will continue to function in the future. The User acknowledges and agrees that they may lose access to all Products purchased on the Service, including NFTs and tokens, and that in such case the User will not be entitled to receive any compensation from the Company.
Article 28 (Withdrawal)
- Users may withdraw from the Service by following the procedures prescribed by the Company. If a User uninstalls the Service, the User shall be deemed to have withdrawn from the Service; provided, however, that this shall not apply if the User has any outstanding obligations owed to the Company.
- If a User uninstalls the Service or changes the device used to access the Service, all or part of the Game Data, etc. obtained by the User may be lost. In such case, the Company will not provide any refund for any unused Paid Items, except where the account is carried over pursuant to Article 4, paragraph 3.
- The Company has no obligation to retain User Information, Posting Information, application data, or any other related information pertaining to a User who has withdrawn from the Service.
Article 29 (Taxes and Public Dues)
Any taxes or public dues imposed on the User shall be borne by the User. The User shall be responsible for confirming the type and amount of such taxes or public dues imposed on them.
Article 30 (Other Notices)
- The User may use content provided in the Service only within the scope specified by the Company.
- The Company may distribute advertisements from itself or third parties within the Service.
Article 31 (Support)
If the User wishes to communicate with or make inquiries to the Company regarding the Service, the User shall do so by the methods prescribed by the Company. The Company shall have no obligation to respond to such communication or inquiries made by methods other than those prescribed.
Article 32 (Prohibition of Assignment of Rights and Obligations)
- The User shall not assign, transfer, change the name, pledge, provide as collateral, or otherwise dispose of all or part of the rights, obligations, or legal status held under these Terms to any third party; provided, however, that this shall not apply where otherwise stipulated in these Terms or where the Company has given prior written consent.
- If the Company transfers the business relating to the Service to another company, it may transfer the contractual status under these Terms, the rights and obligations under these Terms, and the User’s registration information and other information related to Users to the transferee of such business, and by agreeing to these Terms the User shall be deemed to have consented to such transfer in advance. For the purposes of this paragraph, “business transfer” shall include any case in which the business related to the Service is transferred, including corporate splits and other similar transactions.
Article 33 (Validity of the Terms)
- Even if all or part of any provision of these Terms is determined to be invalid pursuant to laws or regulations, the remaining portions of such provision and the remaining provisions of these Terms shall remain in full force and effect.
- Even if all or part of any provision of these Terms is determined to be invalid or unenforceable in relation to a certain User, such determination shall not affect the validity of these Terms with respect to other Users.
Article 34 (Governing Law and Jurisdiction)
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
GEEKOUT PTE.LTD.
Established: April 17, 2024
Revised: August 14, 2025
De:Lithe Last Memories Marketplace Terms
Article 1 (Application of These Terms)
- These Terms are stipulated by GEEKOUT PTE.LTD. (hereinafter, the “Company”) as additional provisions to the “De:Lithe Last Memories Terms of Use (for Users)” (hereinafter, the “Base Terms”) established by the Company.
- Users shall, in using De:Lithe Last Memories and related services, understand and agree to these Terms in addition to the Base Terms.
- In the event of any conflict or inconsistency between these Terms and the Base Terms, the provisions of these Terms shall prevail.
- Any terms not defined in these Terms shall have the meanings as defined in the Base Terms.
Article 2 (Definitions)
The definitions of the terms used in these Terms are as follows:
- xGEEK (Free): Game points issued within the Service by the Company pursuant to Article 6 and which may be used within the Service.
- xGEEK (Paid): Game points issued within the Service by the Company pursuant to Article 7 and which may be used within the Service.
- Logico: Game points issued within the Service by the Company pursuant to Article 8 and which may be used within the Service.
- xGEEK (Lite): Game points issued within the Service by the Company pursuant to Article 9 and which may be used within the Service.
Article 3 (Primary Sales in the Marketplace)
- The Company shall sell NFTs to Users by the method prescribed by the Company. The specific details and sales procedures, etc., shall be separately posted on the Company’s website (hereinafter, the “Primary Sale Details”).
- Users wishing to purchase NFTs shall enter the information prescribed by the Company using the method designated by the Company and send such information.
- When the Company receives the information transmitted under the preceding paragraph, a sales contract for the relevant NFT shall be deemed concluded between the Company and the relevant User. After the conclusion of such sales contract, the User may not cancel, rescind, or otherwise terminate the sales contract, except where permitted under the Civil Code, the Consumer Contract Act, other laws and regulations, or these Terms.
- Upon conclusion of a sales contract as set forth above, the User shall pay the purchase price of the relevant NFT by credit card or by sending to the wallet address separately designated by the Company the amount of cryptocurrency designated by the Company equivalent to the purchase price.
- After receiving the purchase price, the Company will deliver the relevant NFT to the wallet address separately designated by the User.
Article 4 (Secondary Listing in the Marketplace)
- A User who holds in-game items eligible for listing in the Marketplace (hereinafter, “Eligible Items”) may apply to list such Eligible Items for sale in the Marketplace in accordance with the method prescribed by the Company (“Secondary Listing,” and the User conducting a Secondary Listing, the “Secondary Seller”). While under Secondary Listing, such Eligible Items will be system-locked so that they cannot be used, transferred, or otherwise disposed of.
- When a sales contract for a Secondary Listed Eligible Item is concluded between a Secondary Purchaser (as defined in the following Article) and the Company under paragraph 1 of the following Article, the Company will notify the Secondary Seller to that effect, and such notification shall constitute the conclusion of a sales contract for the relevant Eligible Item between the Company and the Secondary Seller. In such case, the Company shall pay the Secondary Seller in xGEEK (Lite) or Logico as the sales proceeds, in an amount equal to the price paid by the Secondary Purchaser to the Company under paragraph 2 of the following Article, less the transaction fees and other charges prescribed by the Company.
- When a sales contract for a Secondary Listed Eligible Item is concluded as set forth in the preceding paragraph, the Secondary Seller shall, in accordance with the method prescribed by the Company, immediately deliver the relevant Eligible Item to the Company. Upon completion of such delivery, the Company shall make payment to the Secondary Seller in accordance with the preceding paragraph.
- Users may not Secondary List any NFTs or other digital items in the Marketplace unless such items are approved for secondary sale by the Company.
- The Secondary Seller represents and warrants that they have all rights necessary to sell the Eligible Item that is the subject of a Secondary Listing, and that the Secondary Listing does not infringe the rights of any third party.
- If the Company determines that a Secondary Listing has been made in violation of these Terms or is otherwise inappropriate, the Company may, without prior notice to the Secondary Seller, suspend, cancel, or invalidate such Secondary Listing. Even if such action causes damages to the Secondary Seller or a Secondary Purchaser (as defined in the following Article), the Company shall not be liable for such damages, except in cases of intentional misconduct or gross negligence on the part of the Company..
Article 5 (Purchase of Secondary Listed Eligible Items by Users)
- A User who wishes to purchase a Secondary Listed Eligible Item shall select the Eligible Item they wish to purchase and perform the prescribed operation to purchase the Eligible Item from the Company. When notice of such operation is received by the Company, a sales contract for the relevant Eligible Item shall be deemed concluded between the Company and such User (the “Secondary Purchaser”).
- Upon conclusion of a sales contract under the preceding paragraph, the Secondary Purchaser shall pay the price of the relevant Eligible Item by using xGEEK (Paid) or xGEEK (Free) in accordance with the method prescribed by the Company. Upon receipt of such payment, the Company shall provide the Eligible Item in the manner separately determined by the Company. However, for technical reasons within the Service, provision of the relevant Eligible Item may require a certain amount of time.
Article 6 (xGEEK (Paid))
- Users may acquire xGEEK (Paid) by the following method:
- Purchase from the in-game store (xGEEK (Paid) purchased from the App Store shall be referred to as “xGEEK (Paid) (App Store),” and xGEEK (Paid) purchased from the Google Play Store shall be referred to as “xGEEK (Paid) (Google Play Store)”).
- xGEEK (Paid) may be used only for purposes designated by the Company within the Service, such as character development.
- Users using a device with iOS as the operating system cannot use xGEEK (Paid) (Google Play Store).
- Users using a device with Android as the operating system cannot use xGEEK (Paid) (App Store).
- Users accessing the Service from a PC or from the User Page cannot use xGEEK (Paid) (App Store) or xGEEK (Paid) (Google Play Store).
- xGEEK (Paid) cannot be exchanged for GEEK or any other cryptocurrency, and the Company does not provide refunds for xGEEK (Paid).
- Users may not transfer xGEEK (Paid) to any third party, including other Users.
Article 7 (xGEEK (Free))
- Users may acquire xGEEK (Free) by the following methods:
- Where a User holding an NFT designated by the Company (“Designated NFT”) plays the game using the Designated NFT and receives it as a reward;
- Sale of Eligible Items in the Marketplace.
- Users may convert xGEEK (Free) they hold into GEEK within the Service, using the method prescribed by the Company; provided, however, that the Company may impose an upper limit on the quantity convertible.
- xGEEK (Free) may be used only for purposes designated by the Company within the Service, such as character development.
- Except for conversion into GEEK under paragraph 2, xGEEK (Free) cannot be exchanged for GEEK or other cryptocurrencies, and the Company does not provide refunds for xGEEK (Free).
- Users may not transfer xGEEK (Free) to any third party, including other Users.
Article 8 (Logico)
- Users may acquire Logico by the following methods:
- As a reward for gameplay;
- Sale of Eligible Items in the Marketplace.
- Logico may be used only for purposes designated by the Company within the Service, such as character development.
- Users may not transfer Logico to any third party, including other Users.
Article 9 (xGEEK (Lite))
- Users may acquire xGEEK (Lite) by the following methods:
- As a bonus when purchasing xGEEK (Paid) or similar transactions;
- As proceeds from a sale in the Marketplace.
- xGEEK (Lite) may be used only for purposes designated by the Company within the Service, such as character development.
- xGEEK (Lite) cannot be exchanged for GEEK or other cryptocurrencies, and the Company does not provide refunds for xGEEK (Lite). Users may not transfer xGEEK (Lite) to any third party, including other Users.
Article 10 (Order of Consumption of xGEEK)
If both xGEEK (Paid) and xGEEK (Free) can be used for a given purpose in the Service, they will be consumed automatically in the following order:
- xGEEK (Lite)
- Oldest acquired xGEEK (Paid)
- Newest acquired xGEEK (Paid)
- xGEEK (Free)
Article 11 (Prohibited Conduct in Using the Marketplace)
In using the Marketplace, Users shall not engage in any of the following acts, or any acts likely to fall under the following:
- Listing products in the Marketplace without the genuine intention to transact;
- Listing unauthorized products in the Marketplace;
- Misrepresenting the content, nature, or other information of products listed in the Marketplace;
- Providing only such information regarding listed products in the Marketplace as is deemed insufficient to understand the content or nature of such products;
- Listing products in the Marketplace for the purpose of concluding sales contracts, etc., only with specific Users;
- Listing or attempting to purchase products in the Marketplace in a manner that violates laws and regulations, these Terms, or public order and morals;
- Listing products other than those permitted by the Company in the Marketplace.
GEEKOUT PTE.LTD.
Established: April 17, 2024
Revised: August 14, 2025