MELON SANDBOX TERMS OF USE
Effective Date: 22/01/2025
Last Updated: 22/01/2025.
The English version is the primary document, unless stated otherwise.
1. About these Terms of Use
These Terms of Use (or “ToU”) governs the relationship between you (“user” or “you”) and DUCKY LTD, a company registered under the number ΗΕ410635 under the laws of Cyprus, with registered address at: Gladstonos, 106 1st floor 3032, Limassol, Republic of Cyprus or any one of its affiliated entities (“DUCKY” or “we”) in relation to the Melon Sandbox (the “Product”).
2. Accepting these ToU
2.1. You confirm your agreement to these ToU as part of creating a DUCKY Account (“Account”) or during an installation process. By using the services, you affirm that you have reached the legal age of majority in your jurisdiction and state of residence, and understand, accept, and agree to be bound and abide by these ToU. If you are under the legal age of majority (a “minor”) in your jurisdiction or state of residence, before using the services, your parent or legal guardian must read and consent to these ToU. If you (or your parent or legal guardian in case you are a minor or have limited legal capacity) do not agree to these ToU, then you may not use or access the Product.
2.2. If you permit your minor child or legal ward to use the Product, you agree to these ToU on behalf of them and yourself. You understand and agree that you are responsible for all uses of the Product by your child and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any individual under the age of majority in your jurisdiction or state of residence to use or access the Product without a parent or legal guardian supervising him or her.
3. Other Documents
3.1. You also accept the following documents that form part of these ToU:
4. Your DUCKY Account
Creating an Account
4.1. In order to use all features of the Product, it is required to create an Account on the Service. You are solely responsible for your Account and anything that happens while signed into or using the Account.
4.2. To create an Account, you will be asked for the method of authenticating of your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, etc. You agree that all information provided to DUCKY will be true, accurate, and up to date. DUCKY reserves the right to take steps to ensure that any information you provide to Service in connection with your Account is accurate.
4.3. When creating an Account, you will also be required to provide a username (“Nickname”) to represent you in our Product. Your Nickname cannot be transferred to another person, and you may not use a Nickname that is used by someone else. Please refer to section 20.10 below regarding the use of Nicknames in case your Account is terminated.
4.4. You may also log in through some third-party systems if expressly permitted in the Product.
4.5. You are solely responsible for maintaining proper security surrounding access to your Account. DUCKY accepts no responsibility for any damages occurring due to unsafe computing, including, without limitation, improper password protection, sharing of accounts, unencrypted data transfers etc.
4.6. If expressly permitted by DUCKY, a “guest account” is possible in the Product. In this case, you will not receive a separate Nickname or password and the authorization for such Product is made through the specific technical device (mobile phone, tablet, etc.) that you use.
4.7. However, you are strongly advised to set up a standard Account in accordance with the above provisions. If a “guest account” is used, your progress in the Product may be lost in case you lose access to your technical device, or its software is modified.
4.8. You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account.
No Account Sharing or Account Transfer
4.9. Your Account is personal to you and must not be shared, transferred, or traded with any other person. Therefore, you must keep all information relating to your Account confidential. At no time should you disclose your password, secret question, or answer to anyone.
4.10. If you breach section 4.9 and share or transfer your Account, you may be responsible for the conduct and actions of third parties using your Account, including for all violations of these ToU. We reserve the right to suspend access to your Account or to close your Account and terminate these ToU in accordance with sections 20.5-20.9 “Suspension or Termination by DUCKY” if we discover Account sharing or transfer.
Security of Your Account
4.11. You must ensure that you secure your Account, computer, mobile phone or other device on which you use our Product from third party access. Please notify us immediately at support@melonsandbox.com, if you become aware of:
(a) any unauthorized use of your Account or any other breach of security; or
(b) any hacking tools being used or that might be used in relation to the Product.
4.12. We have implemented physical, electronic, and managerial procedures to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your Account information. We shall have no liability to you for any loss or damage arising from any unauthorized use of your Account or any unauthorized access, use, alteration, modification and/or disclosure of your personal information to the extent it arises from your culpable omissions or negligent conduct.
4.13. We reserve the right to suspend access to your Account if we discover Account hacking. If you believe that we have suspended access to your Account in error, please contact our customer support at support@melonsandbox.com.
Deletion of Your Account due to inactivity
4.14. DUCKY may delete your Account if your Account is inactive, irrespective of whether you have any Virtual Content or Services (as defined below) in your Account. Your Account is inactive if you have not logged in your Account for a consecutive period of ten (10) years. DUCKY will inform you at least forty-five (45) days before we delete your Account, and you will have the possibility to prevent your Account from being deleted by logging into your Account and restoring your Account until a date set out in the information about the planned deletion. When DUCKY deletes your Account, any content or posts you have made will be deleted as well.
5. License to use the Product
5.1. The Product contain a lot of content that includes, without limitation, software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials, as well as the design and appearance of our Product (“Content“).
5.2. Some parts of the Content may only be accessible online and/or require online authentication.
License grant
5.3. In return for your acceptance of these ToU, we give you the personal right (known as a ‘license’) during the time these ToU is in force between you and us to download, install and use the Product.
This license is:
(a) ‘non-exclusive’ (meaning that we can grant the same and similar licenses to other people as well);
(b) ‘revocable’ (meaning that we can terminate this license in certain circumstances, which are explained further below);
(c) ‘personal’ (meaning that you may not use the Product for any commercial purpose);
(d) ‘non-transferable’ (meaning that the license is only for your benefit, and you may not transfer or sub-license any of the rights that we grant you to any other person);
(e) ‘limited’ (meaning that you can only use the Product for the purposes and in the manner we set out in these ToU);
(f) ‘non-perpetual’ (meaning that it terminates under certain conditions set out in these ToU); and
(g) conditional on your compliance with these ToU.
5.4. Unless and to the extent that we have expressly authorized you in writing, you must not:
(a) lease, lend, sell, redistribute, or sublicense any Content from the Product;
(b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of any Content or related or implemented technology;
(c) circumvent any technological measure designed to protect any Content from the Product or any technology associated with the Product;
(d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Product’s source code, in whole or in part (unless a portion of code contained within the Product is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification);
(e) use the Product to create malicious or abusive content (as determined by DUCKY in is sole discretion) or any content that violates these ToU, guidelines, or policies; or
(f) use any Content from the Product (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
5.5. DUCKY will do its best to make the Content available to you as a part of your enjoyment of the Product, subject to some additional conditions detailed below to ensure efficient running of the Product:
(a) we can only make the Content available to you if it is legal for you to have access to the Content in your home country;
(b) you may only obtain the Content from us (or from any person that we authorize for this purpose), and you must not obtain Content from any other unauthorized person or attempt to do so;
(c) we reserve the right to refuse your request(s) to acquire the Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g., under copyright law, criminal law, youth protection law etc.;
(d) we do not guarantee that any of the Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer any particular Content for any particular period of time (unless we expressly say otherwise as part of the Product), subject to section 14 “Patches, Updates and Changes”;
(e) the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services, unless otherwise provided in these ToU, required under the applicable law, or permitted in the Product; and
(f) we may have to change or update the Content from time to time in accordance with section 14 “Patches, Updates and Changes”.
Intellectual Property
5.6. The Product, including the code, graphics, game play, user interface, audio, trademarks, design, information, artwork, data, software, and all other elements of the Product and other Content, including the rights therein and any derivatives thereof (“DUCKY Intellectual Property” or “DUCKY IP”) is protected by intellectual property laws including but not limited to applicable copyright legislation. You agree that we own or license all DUCKY IP and that you may not use or exploit any of it without our permission.
5.7. “Melon Sandbox”, “Melon”, “Pumpkin”, “Corn”, “Apple”, “Robot” and “Cactus” and their respective logos are trademarks or registered trademarks of DUCKY. You may not use or display such trademarks in any manner, except as expressly set out in these ToU. All third-party trademarks and service marks that appear in the Product are the property of their respective owners and all rights in them are reserved.
6. Virtual Content or Services
Acquiring Virtual Content
6.1. The Product may permit you to order “Virtual Items” (including without limitation Melon Sandbox mods), in-game currency, premium memberships, or other content or services (each a, “Virtual Content or Services”). If you decide to order any such Virtual Content or Services, you must ensure that:
(a) you are either an individual over the age of eighteen (18) or, if you are under the age of eighteen (18) or if you have limited legal capacity, that your parent or legal guardian has agreed to and accepted the respective order on your behalf;
(b) you are the authorized Account holder for the Account from which you are making the order;
(c) you are authorized to use the particular credit card or other accepted method of payment; and
(d) all information that you submit is true and accurate (this includes, without limitation, your credit card number and expiration date, so it is important to keep these details updated).
6.2. The following rules apply to Virtual Content or Services:
(a) To order Virtual Content or Services, you need to have an Account, initiate and conclude the order process.
(b) If you would like to order Virtual Content or Services, you must log in into your Account and enter the requested information about you and your payment method. When you click the “PAY NOW” button (or similar conspicuously designated button), you make a binding offer to DUCKY to conclude a contract for the supply of Virtual Content or Services (“Contract”). Until the moment you click such button, you can correct the data that you have entered. Our confirmation of the Contract by e-mail represents our acceptance of your offer (time of the conclusion of the Contract).
(c) In case we accept your order, we will, directly after that, credit the ordered Virtual Content or Services to your Account and we will charge you via your selected payment method. You will also receive a confirmation of your order via e-mail, containing the Contract details and an electronic copy of these ToU.
(d) In case you spend Mells to acquire Virtual Content or Services through Marketplace, Mells are collected through the Product and immediately deducted from your Account balance. All such transfers are final and, unless otherwise permitted by DUCKY through its policies or practices, non-refundable and non-reversible.
(e) The Contract will be concluded in the language of the country where you live if required by applicable law or in the English language.
(f) Virtual Content or Services may only be redeemed for other content and services where permitted in the Product;
(g) Ordered Virtual Content or Services are non-refundable and non-exchangeable (whether or not you use them), except as set forth in these ToU or required under the applicable law; Virtual Content or Services cannot be sold or transferred to anyone;
(h) Virtual Content and Services cannot be exchanged for cash or any goods or services (except other content and services as permitted in the Product);
(i) you may only acquire Virtual Content or Services from us (or from any person that we authorize for this purpose, and you must not obtain Virtual Content or Services from any other person or in any other way or attempt to do so; and
(j) we may reject an offer to order Virtual Content or Services for any reason.
6.3. IF YOU ARE USING OUR PRODUCT ON EXTERNAL PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD-PARTY PLATFORMS. THE CHARGING AND BILLING IN THE PRODUCT ARE SUBJECT TO RULES OF THOSE PLATFORMS, NOT OF DUCKY. DUCKY DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH EXTERNAL PLATFORMS’ ACTIONS.
6.4. If your issuing bank offers automatic account updater services (Visa Account Updater, Mastercard Automatic Billing Updater, or similar), these services may automatically update your payment card details in our acquirers’ systems when they change without any action on your part. If you do not want to have your card details automatically updated, please contact your issuing bank.
Removal of Virtual Content
6.5. DUCKY has the right, in its sole discretion, to suspend the availability of, or remove from the Product and your Account, any content (including without limitation Virtual Content and UGC) without advance notice. DUCKY shall not be liable to you for any losses you may experience because of such suspension or removal, and DUCKY is not required to refund any DUCKY or other funds that you have spent on any removed or suspended content, except where legally required.
Instructions on withdrawal
Right of withdrawal
6.6. You have the right to withdraw from any Contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Contract. To exercise the right of withdrawal, you must inform us,
DUCKY LTD
Gladstonos, 106 1st floor 3032,
Limassol,
Republic of Cyprus
Email: support@melonsandbox.com
of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
6.7. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
6.8. If you withdraw from the Contract, we shall reimburse to you all payments received from you under this Contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.9. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you have communicated us of the exercise of the right of withdrawal from that Contract, in comparison with the full coverage of these services under the Contract.
Important:
6.10. You lose your right of withdrawal after the Virtual Content or Services have been fully supplied and if the supply has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the Virtual Content or Services have been fully supplied by us.
6.11. You lose your right of withdrawal insofar as the Contract comprises the supply of Virtual Content or Services which are not supplied on a tangible medium if the supply has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
6.12. Based on the aforesaid you understand that by purchasing Virtual Content or Services, you consent that we make available these Virtual Content or Services to you directly after we have accepted your order. You will lose your right of withdrawal once the Virtual Content or Services have been made fully available to you by us. However, your right of withdrawal is not lost if you order Virtual Content or Services that are granted to you for a certain period of time (e.g. time-limited premium memberships).
6.13. Please note that due to technical limitations we cannot warrant that payments made by you via a specific payment method will be reimbursed to you via that same payment method. You agree that reimbursements for such payments can be facilitated by us via another, common means of payment, e.g. via transfer of money to your bank account, in case reimbursements via these payment methods are technically impossible. In any case, you will not incur any fees as a result of such reimbursement.
6.14. Applicable consumer protection law, in particular your right of withdrawal under this section 6 “Virtual Content or Services”, will not in any way be restricted by these ToU.
7. Mells and Premium Membership
7.1. “Mell” is the official currency in the Product and can be used to acquire Virtual Content or Services or access to interactive content published on the Product by developers for the engagement and enjoyment of users. Mells are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Except as otherwise outlined in the Cash-Out Terms in section 9 below, Mells cannot be redeemed for any fiat currency, and DUCKY is not obligated to exchange a user’s Mells for anything else of value.
Limited License to Use Mells.
7.2. Mell has no equivalent value in real currency. Except as specifically set forth in section 7.9 below, your acquisition or purchase of Mell only entitles you to receive a limited, non-transferable, revocable license to use Mells (i) in connection with the Product, (ii) for your personal entertainment only, and (iii) in the ways permitted by DUCKY under these ToU. Your limited license to use Mells may end if (i) you violate these ToU, (ii) your Account is suspended or terminated, or (iii) these ToU or the Product are terminated.
Acquisition and Use of Mell.
7.3. Mell may be acquired on the Product in one of several ways. A user may acquire Mell (i) by purchasing or otherwise receiving Mell from DUCKY; (ii) by purchasing a membership (“Premium Membership” as more fully described in section 7.10 below) that includes a certain stipend of Mell each month; or (iii) by other means that DUCKY may introduce. Additionally, a user may earn Mells as described more fully in section 7.5 below.
7.4. You may not use, acquire, or distribute Mells or Virtual Content except through the Product and except as expressly allowed by DUCKY under these ToU. Any attempt to do so constitutes a violation of these ToU, will render the transaction void, and may result in the immediate suspension or termination of your Account and your license to use Mells or Virtual Content. DUCKY does not recognize or take responsibility for third-party services that allow users to sell, transfer, purchase, or otherwise use Mells or Virtual Content, and any such use by a user is a violation of these ToU. Only users who have reached the age of majority in their jurisdiction or state of residence may purchase Mells or engage in other real-money transactions on the Product.
Earning Mells
7.5. DUCKY allows users with Premium Membership (as defined in section 7.10 below ) to earn Mell (“Earned Mell”) by selling or monetizing certain UGC (including Virtual Content) they create on the Product. Earned Mell consist only of those Mells which user has received from (a) the direct sale or (b) other monetization of UGC user create on the Product in compliance with these ToU. Mells acquired in other ways (such as via a stipend through a Premium Membership, referral bonus, purchase of a gift card, or by selling Virtual Content that user did not create) are not Earned Mell. DUCKY may remove any Mells earned through a violation of these ToU.
Refunds, Chargebacks, and Adjustments of Mells
7.6. Except as required by applicable law, all transactions with Mells are final and not refundable.
7.7. DUCKY reserves the right, in its sole discretion, to adjust Mells balances unilaterally to resolve disputes, ensure compliance with these ToU, and implement changes to Mells at any time. These changes may include, but are not limited to, limiting the number of Mells a user may acquire or lowering or altering the purchase price of Mells.
7.8. Except for the limited licenses granted to you under these ToU, DUCKY has and retains all rights in and to Mells. This includes the right to modify, revoke, or terminate your license to use Mells without notice, payment, or liability to you. DUCKY makes no guarantees or warranties regarding Mells or their availability or value.
Cash-Out Program
7.9. DUCKY allows certain users who satisfy specific criteria to participate in the Cash-Out Program (“Cash-Out Program”). Subject to certain requirements, policies and limitations that DUCKY establishes in its sole discretion, users participating in the Cash-Out Program may exchange Earned Mell for real currency based on an exchange rate determined by DUCKY, in its sole discretion (the exchange rate and the general requirements, policies, and limitations of the Cash-Out Program may be found in section 9 below (“Cash-Out Program Terms”).
Premium Membership
7.10. “Premium Membership” is a renewing subscription that provides users with certain additional benefits on the Product. When you purchase a subscription to the Premium Membership, you agree that your subscription service will automatically renew and that DUCKY, through its payment provider, is authorized to charge your payment method accordingly until you cancel the subscription. DUCKY will notify you of any price increase or change to the subscription terms (such notification may be via any reasonable means). You may cancel your Premium Membership at any time by following the instructions available here. If you cancel your Premium Membership, you can still enjoy the benefits for the period of time for which you have already paid. Premium Membership subscriptions are non-refundable and non-transferable.
Special Mells (Non-Transferable Currency)
7.11. Users can acquire in the Product a special type of in-game currency, referred to as "Special Mells". Unlike standard Mells, Special Mells are: (i) non-transferable to Creators (as defined in section 10.12(a) below) as earnings; (ii) usable only within the Product for purchasing Virtual Content or Services; (iii) not redeemable for fiat currency, Mells, or other items of monetary value.
7.12. Special Mells may be used by users to acquire Virtual Content or Services subject to the following conditions: (i) when a user purchases a Virtual Content or Services using Special Mells, the Creator (as defined in section 10.12(a) below) will not earn any Mells or other compensation from such transactions; (ii) Special Mells are deducted from the user's account upon purchase and cannot be refunded or exchanged, except where required by applicable law; (iii) Special Mells are valid only within the Product and cannot be used outside of the DUCKY ecosystem.
Use, Restrictions and Expiration of Special Mells
7.13. DUCKY reserves the right to impose restrictions on the use of Special Mells, including geographic limitations or content-specific eligibility. Special Mells may have an expiration date, as determined by DUCKY at the time of issuance or purchase. Expired Special Mells will not be refunded or reactivated.
7.14. DUCKY retains full ownership and control over Special Mells and their distribution. Users acknowledge and agree that: (i) Special Mells are granted under a limited, revocable, and non-transferable license; (ii) DUCKY may modify or terminate the availability of Special Mells at any time without notice or liability; (iii) DUCKY is not obligated to replace or compensate for lost, expired, or unused Special Mells.
8. Payments and Refunds
8.1. You may engage in financial transactions on the Services, such as purchasing Virtual Content, only if you who have reached the age of majority in your jurisdiction or state of residence.
8.2. When purchasing Virtual Content, you (or your parent or legal guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that any information you provide in connection with any financial transaction on the Product, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
8.3. If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify DUCKY as soon as possible by contacting DUCKY Support. DUCKY reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Virtual Content (see Chargeback Policy below.)
Chargeback Policy
8.4. If you notice charges on your credit/debit card, PayPal, Apple, Google Play account, or other payment method, that you did not authorize, please contact DUCKY Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, DUCKY cannot issue a refund due to prohibitions under the payment provider’s dispute process. DUCKY reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Virtual Content.
9. Cash-Out Program Terms
General
9.1. The Cash-Out Program is a program that allows DUCKY creators to exchange their Earned Mell for real money. Only successful users creating UGC will be able to meet the high requirements (described below) to earn money through the Cash-Out Program. Reaching this level of success typically requires a lot of time, effort, skill, and strategy. Even then, there is no guarantee of earning money.
Eligibility Requirements
9.2. Eligibility to participate in the Cash-Out Program is solely up to DUCKY, and the requirements may be changed by DUCKY at any time by updating these ToU, especially this section 9. To participate in the Cash-Out Program you must meet all the following minimum requirements (“the Eligibility Requirements”):
- Be at least 13 years of age or older;
- Have at least 30,000 Earned Mell in your account;
- Have a DUCKY-verified email address; and
- Be in complete compliance at all times with these ToU.
By way of example, the following will disqualify you from Cash-Out Program: scamming, phishing, false advertising, attempting to exchange Mells for real currency other than through the Cash-Out Program, and any illegal or unethical activities.
Amount eligible to cash out
9.3. We will determine how much you are eligible to Cash Out (as described below) by totaling the amount of Mells earned (over the lifetime of the account) and subtracting the amounts previously paid out to you through the Cash-Out Program.
Cash-Out
9.4. A “Cash Out” is an option to exchange your Earned Mell for U.S. dollars at the “Current Exchange Rate for Cash Out” set forth below, which rate is subject to change at any time by DUCKY by updating these ToU. If you satisfy all the Eligibility Requirements, DUCKY will decide in its sole discretion whether to offer you a Cash Out and how much you are eligible to receive in a Cash Out. Under normal circumstances, a Cash Out will total the amount of Earned Mell you obtained over the lifetime of the account minus all Earned Mell previously exchanged by you through the Cash-Out Program and any Earned Mell you spent on the Product. The following additional limitations apply to Cash Outs:
(i) The Current Exchange Rate for Cash Out is $0.00135U.S. Dollars per Earned Mell.
(ii) You are not allowed to initiate a Cash Out more than once a month.
(iii) Eligibility to Cash Out is reviewed after you submit a request to Cash Out.
(iv) When you initiate Cash Out, DUCKY will perform a close review of activities on your account to confirm that you earned Mells in compliance with these ToU. We are not able to predetermine your eligibility for Cash Out.
Acknowledgements and Further Agreements
9.5. In order to participate in the Cash-Out Program, you further acknowledge and agree to the following:
(i) To be able to withdraw the earned Mells from your account under the "Cash Out" program, you must submit an appropriate application on the DUCKY website or by clicking the "Cash Out" button in the user's Account. The application can be submitted by you at any time during the month. If such an application is submitted, the deadline for providing the withdrawal service will be 35 days from the end of the month in which the application was submitted.
(ii) Clicking the “Cash Out” button does not guarantee that you are eligible to, in fact, Cash Out. When you click that button, DUCKY will then determine whether you meet the Eligibility Requirements and whether to provide a Cash Out at DUCKY's discretion.
(iii) Transaction fees are assessed on each payment (which will be paid from any amounts that would otherwise be owed to you hereunder). These fees are charged by our provider (DUCKY does not assess any fees in addition to those charged by our provider), and vary depending on payment method chosen.
(iv) You are responsible for any taxes that may be owed due to a Cash Out. DUCKY considers the Cash Out payments to be payments for the services you have provided. All participants are responsible for ensuring that all payments received are reported to the proper taxing authorities. Income that Minors earn can impact their parents’ tax returns.
(v) We are not able to remit payments to certain countries, entities, or individuals because of legal or other considerations.
(vi) If your DUCKY account is inactive (i.e. no authenticated sessions on the platform) for a period of two and a half years or more, your account will be considered inactive and ineligible to participate in the Cash-Out Program, and you will need to re-apply should you wish to participate again.
(vii) DUCKY reserves the right to modify, amend, or cancel the Cash-Out Program, add, remove, or modify the Eligibility Requirements, and change the Current Exchange Rate for Cash Out, all at any time and for any reason by updating this section 9. The existence of the Cash-Out Program today in no way creates an obligation for us to continue the program in the future, nor does it guarantee that Earned Mell can be exchanged in the future. We reserve the right to review activity on accounts to assess the validity of Earned Mell balances, and to deny payment to any user that we feel has violated the terms or the spirit of our program.
10. User Generated Content
General
10.1. The Product permits you to create, modify, or contribute content which you have created (“User Generated Content” or “UGC”) and publish, upload, or make available such UGC to other users via our Product.
10.2. UGC includes, without limitation, Nicknames, forum posts, chat posts, voice chat, messenger type features, profile content, gameplay, artworks, screenshots, music, sounds, recordings, fan art, let’s play and gameplay videos, modifications, fan webpages and other types of works.
10.3. You own any rights that you may have in your own original content that forms part of the UGC. Your rights in the UGC do not extend to the Product or any part of the UGC which is comprised by or incorporates our Product.
DUCKY License to UGC
10.4. When you publish, upload or make available UGC to other users via our Product, you grant us a royalty-free, worldwide, non-exclusive, permanent, irrevocable, and freely sub-licensable license to use, reproduce, modify, create and use derivative works from, exploit, distribute, transmit, perform, translate, host, make available and communicate your UGC on our Product and any platform, including third-party platforms, relevant to our Product for the purpose of the operation, distribution, incorporation into, and promotion of our Product for the entire duration of the intellectual property rights. You acknowledge that the purpose of this license includes making your UGC available to other users and that we may need to modify your UGC for this purpose.
10.5. You also agree to make your UGC available in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Product or DUCKY as permitted herein, even if you have exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (all the foregoing paragraphs in this section collectively, the “UGC License”).
10.6. DUCKY’s right to market and advertise the Product or DUCKY using your UGC (excluding Modified Classic Characters) (“Ancillary Use”) will not include using such UGC in marketing and advertising that is focused solely on promoting your UGC (as reasonably determined by DUCKY) as part of the Product without your approval, but DUCKY can generally reference, as determined by DUCKY in its sole discretion, your UGC with other UGC or material (and without your approval) to promote, market or advertise the Product or DUCKY. DUCKY may also use your UGC for non-commercial and educational uses to promote the Services (and DUCKY will reasonably determine whether a use is non-commercial or educational). Other than the potential to earn Mells, DUCKY is not required to give you any attribution or compensation for any reason nor is DUCKY required to use the license you grant in this section or exploit any of the rights granted herein.
10.7. In addition to DUCKY’s right to grant sublicenses for your UGC, you, when publishing certain UGC onto the Product, may be asked if you would like to share such UGC directly with other users. You are not required to do so, but if you agree to grant this right, then other users may use your UGC to create their own Virtual Content or other UGC on the Product without any further obligation to you.
10.8. Where your Virtual Content is sold or otherwise provided to another user, you agree that, pursuant to the rights granted to DUCKY herein and regardless of whether the Virtual Content was sold or provided by you to another user, DUCKY may allow this user to continue to access and use such Virtual Content indefinitely (in accordance with and subject to the DUCKY ToU) even if the Virtual Content is no longer otherwise accessible on the Product.
10.9. DUCKY’s rights under the UGC License shall expressly survive if your Account is terminated due to your breach or violation of these ToU or any of the DUCKY terms and policies.
10.10. In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
(a) you must not upload any UGC that belongs to anyone else unless you have the respective right owner’s authorization to do so;
(b) you must not upload any UGC that infringes the intellectual property rights or privacy or any other rights of anyone else or which is illegal or breaches these ToU;
(c) to the maximum extent permitted by the applicable law, you waive claiming, exercising and enforcing and agree not to assert any moral rights or similar rights in and to your UGC that you may enjoy in any jurisdiction of the world;
(d) you are solely responsible for your UGC; we do not pre-screen all UGC and do not endorse, approve, or pre-screen any UGC that you and other users may contribute to the Product;
(e) you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
(f) the UGC must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss to us;
(g) if you create any UGC, you are responsible and liable for it; we may not bear any liability or responsibility for UGC, nor do we provide any support for UGC;
(h) if we believe that your use or uploading of UGC breaches any of these conditions, then DUCKY may remove, block, edit, move or disable such UGC; and
(i) if you contravene any of these conditions, we reserve the right to suspend or permanently remove availability of your UGC and to take any other steps which we consider appropriate.
10.11. In addition, you understand and accept that we will not make available to you any content which was provided or created by you during the use of our Product.
Selling UGC
10.12. DUCKY allows users creating UGC to sell (i)Virtual Content and ; (ii) other UGC they create on the Product, subject to the following:
(a) DUCKY Allocation Roles: There are two roles involved in the sale of all UGC on the Product. Each role may be entitled to a share of the Mells (for avoidance of doubt, excluding Special Mells) generated from an applicable sale (“Mell Allocation”):
(i) Creator: The “Creator” for the purpose of this section 10.12 is the user that created the UGC being sold and who is entitled to 70% share of the Mells.
(ii) Platform: The Platform is always DUCKY which is entitled to 30% share of the Mells.
(b) Changes to Mell Allocation. DUCKY may, at any time upon notice to Creator (via any reasonable means), (a) change the Mell Allocation and/or (b) introduce features allowing certain elements of the Mell Allocation to be customized by those involved in a given sale.
(c) Handling Disputed Transactions of Mells. If a purchase of a Virtual Сontent (e.g., mods created by a Creator) is subject to a refund, chargeback, or cancellation, DUCKY reserves the right to: (i) withhold the Mell Allocation to the Creator if the transaction has not yet been finalized; and/or (ii) deduct the corresponding amount of Mells from the Creator's balance if the Mells have already been credited; and/or (iii) treat the refunded or charged-back amount as a debt owed by the Creator to DUCKY.
(d) Creator Responsibility for Disputed Transactions with Mells. In the event of a refund, chargeback, or cancellation: (i) the Creator is obligated to return the Mells received for the disputed transaction; (ii) any debt of Mells arising from such refunds will be automatically deducted from the Creator's current or future Mells balance at DUCKY's sole discretion; and (iii) If the creator's balance is insufficient to cover the debt, DUCKY reserves the right to recover the amount from future earnings until the debt is fully settled.
(e) Creator Responsibility for Sales on the Product. Creator acknowledges that DUCKY may on Creator’s behalf, display and host Virtual Content, or other UGC created by Creator to be enjoyed by other users on the Product. When a Creator receives Mell in connection with the sale of UGC to a user through the Product, the transaction is between the Creator and the user; DUCKY only facilitates by providing the services. If, in connection with a dispute, DUCKY returns Mell or real money to a user (or another Creator) for any UGC for which a Creator received Mell, DUCKY reserves the right to deduct or withhold an equivalent amount of Mell from such Creator.
11. Permitted Use of DUCKY IP
General
11.1. You are permitted to use DUCKY IP to create and share artworks, screenshots, music, sounds, recordings, fan art, let’s play and gameplay videos, modifications, fan webpages and any other type of works (“Player Content”), provided that they do not violate any terms of these ToU. You are permitted to:
(a) upload or livestream video guides, essays, reviews, walkthroughs, let’s play and gameplay videos on platforms such as YouTube and Twitch;
(b) create, upload, and share fan art online;
(c) capture screenshots for personal use and/or upload and share screenshots online;
(d) create fan websites or fan pages for our games;
(e) create and make available modifications for our games, subject to these ToU;
(f) use music that belongs to us to create Player Content relevant to DUCKY IP.
DUCKY Templates
11.2. “Templates” are made available by DUCKY and serve as a starting point that you can use to more easily create UGC. DUCKY owns or controls all rights in all Templates and all elements contained therein and grants you a non-exclusive, limited, revocable, non-sublicensable, and non-transferable license to use Templates solely for the purpose of creating, developing, modifying, uploading, and publishing UGC on the Product. You may only use Templates in a way consistent with these ToU. Using a Template does not give you any ownership rights in/to that Template.
DUCKY Classic Characters
11.3. DUCKY has created, owns all intellectual property in, and makes available to you for use solely on the Product the following models, as may be revised by DUCKY from time to time and as further described in the following links:
(collectively, “Classic Characters”).
11.4. Subject to the rights you grants to DUCKY in UGC License, DUCKY grants you (a) the right to use such Classic Characters as avatars solely on the Product; (b) the right to alter, customize, and modify such Classic Characters (each a “Modified Classic Character”) solely for the purpose of using such Modified Classic Characters on the Product or as otherwise permitted under these ToU; and (c) the non-exclusive right to apply User’s UGC to Classic Characters and Modified Classic Characters on the Product only.
11.5. DUCKY further grants you of each Modified Classic Character a limited, non-exclusive, revocable, non-transferable license to use such Modified Classic Character solely on the Product and as otherwise permitted under these ToU. DUCKY reserves all rights in Classic Characters and Modified Classic Characters not expressly granted herein, including the exclusive right to create derivative works incorporating Classic Characters and Modified Classic Characters.
11.6. You shall in no event use Classic Characters or Modified Classic Characters (including any portions thereof) in connection with any off-Product physical or digital merchandise, motion picture, television program, theatrical play, book, or other publication, in each case whether for giveaway or compensated access (including license or sale). You hereby represent and warrant not to make any such use of Classic Characters or Modified Classic Characters.
11.7. Subject to the rights and licenses granted in these ToU, to the extent that you have or obtains any right, title, or interest in any Modified Classic Character, you hereby irrevocably assign to DUCKY all such right, title and interest. This assignment includes all intellectual property rights and other proprietary rights therein, including rights in any licenses that such you may have granted. It also includes rights in any Modified Classic Character developed under prior versions of these ToU. Notwithstanding the foregoing, DUCKY may, in its sole discretion, permit a user, who has customized a Classic Character or Modified Classic Character, so that it no longer appears similar to a Classic Character or Modified Classic Character (or any derivatives thereof, all as determined by DUCKY in its sole discretion) to receive all right, title and interest in such customized Classic Character or Modified Classic Character, subject to user granting DUCKY the perpetual, worldwide, non-exclusive, royalty-free right and license discussed in this section.
DUCKY Music
11.8. DUCKY may choose to make sound recordings and the musical works contained therein as well as sound effects (“Licensed Music”) available for User to use in UGC. User’s use of the Licensed Music is subject to the following:
(i) DUCKY grants you (i) a non-exclusive, personal, limited, revocable, non-transferable license only to synchronize Licensed Music into UGC (“UGC With Licensed Music”), solely by and through the Product and only during the period when DUCKY makes such Licensed Music available; and (ii) the right to play, listen, and interact with UGC With Licensed Music, but only on the Product and only during the period when Roblox makes such Licensed Music available. User is not required to provide attribution for Licensed Music used by User in any UGC, but User may do so at User’s discretion.
(ii) As Licensed Music is licensed by DUCKY from third parties, User’s rights to use Licensed Music is revocable at any time and for any or no reason, in DUCKY’s sole discretion, without any liability to User. If DUCKY revokes User’s right to use Licensed Music (for any reason), User agrees to immediately (a) remove such Licensed Music from UGC and (b) cease all use of such Licensed Music on the Product. DUCKY will try to provide User with advance notice before revoking any usage rights to Licensed Music, but DUCKY reserves the right to do so with no advance notice. DUCKY further reserves the right to remove any UGC With Licensed Music from the Product at any time, in its sole discretion, and without any liability to User. Additionally, DUCKY can revoke User’s rights to all or part of the Licensed Music (with or without notice) without any liability to User, (x) if DUCKY determines that User’s use of such Licensed Music may violate any these ToU, guidelines, or policies; (y) if DUCKY otherwise determines that such Licensed Music may harm the Product or DUCKY’s reputation; or (z) if the Licensed Music is no longer available for distribution on the Product.
(iii) Use on the Product. Creator may only use Licensed Music on the Product. User agrees that it will not export, extract, download, or provide a way for anyone else to export, extract, or download the Licensed Music for use anywhere outside of the Product.
Limitations and Restrictions related to Player Content
11.9. Neither DUCKY IP nor Player Content may be used for commercial purposes, unless explicitly permitted below.
11.10. Provided that the Player Content complies with the terms of these ToU, you are allowed to monetize your Player Content via platform monetization and accept donations (e.g., via YouTube and/or Twitch). However, you are not allowed to restrict Player Content behind any paywall, meaning that Player Content should always be made available to both paid and unpaid subscribers.
11.11. The Player Content must be suitable for our audience and maintain the “7” rating given to our games by the Pan European Game Information board.
11.12. Unless otherwise explicitly agreed by us, you may not create fan websites or fan pages that are identical to our official websites.
11.13. Unless otherwise explicitly agreed by us, you must clearly state that we are not affiliated with you, and we do not endorse or support your Player Content in any way. Where reasonable, you should include and display the following notice alongside your Player Content:
This work includes trademarks and/or copyrighted works that are the exclusive property of DUCKY. All rights reserved by DUCKY. This work is unofficial and is not endorsed by DUCKY.
11.14. The Player Content or any other DUCKY IP should not be used or integrated within third-party games, products, or merchandise.
11.15. The Player Content must not contain any material that may be considered offensive, defamatory, illegal, intolerant, xenophobic, dangerous, graphic, violent, sexual, misinformative or any material that could infringe the right to privacy.
11.16. Do not use DUCKY IP to create anything which may infringe any intellectual property rights of third parties.
11.17. If you make use of our trademarks as part of the Player Content, you must:
(a) Use such marks only in connection with DUCKY and DUCKY IP;
(b) Not cause any damage to the reputation and goodwill associated with DUCKY’s trademarks;
(c) Not register any domain that is identical or similar to our trademarks, company names and/or game names unless otherwise explicitly agreed to by us; and
(d) Not modify any of our trademarks.
11.18. We reserve all other rights unrelated to Player Content and not expressly referred to in these ToU.
11.19. We reserve the right to take legal action against players that misuse our games or other DUCKY IP.
11.20. We can revoke, at any time, at our sole discretion, and for any reason, a player’s right to create and share Player Content.
Ownership and License of the Player Content
11.21. Subject to the foregoing paragraphs in this section 11, you own any original content you create, save for any part of the Player Content that is comprised by or incorporates any of our games or any other DUCKY IP.
11.22. In case we wish to showcase, promote, and support your work, you grant us, from the moment of creation, a royalty-free, worldwide, non-exclusive, permanent, irrevocable, and freely sub-licensable license to use, reproduce, modify, create and use derivative works from, exploit, distribute, transmit, perform, translate, host, make available, and communicate your Player Content on any platform, including third party platforms, relevant to and in connection with DUCKY IP.
12. DUCKY Guidelines
12.1. The following actions are prohibited while using the Product:
(a) any illegal activity or encouragement of illegal activity;
(b) transmitting any content that is offensive, infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or discriminatory;
(c) discussion or encouragement of suicide;
(d) spamming;
(e) advertising in any form;
(f) discussion of social, religious, or political issues that may create offense;
(g) obtaining and posting identifying information about yourself or others;
(h) defrauding other users, including by scamming or social engineering;
(i) transmitting any content that contains a virus, corrupted data, malware, trojan horse, bot keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools, mining programs, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, secretly intercept or mine, scrape or expropriate any system, data or personal information;
(j) performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Product or any user;
(k) creating, using, making available, or distributing any unauthorized software or tools, including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other software that interacts with the Product in any way and for any purpose, including intercepts, emulates, or redirects any communication between such software and DUCKY;
(l) creating, using, making available, or distributing any software designed to modify the Product (‘mods’) unless expressly permitted by DUCKY;
(m) accessing or attempting to access areas of the Product or Product servers that have not been made available to the public;
(n) impersonating any person, business or entity, including employees of DUCKY;
(o) disrupting the normal gameplay, e.g. by self-destruction, damaging your teammates, blocking your teammates, passive play, or early exit from battle; or
(p) circumventing enforcement and security measures implemented by DUCKY.
12.2. Please follow these rules carefully since failure will be considered a material breach of these ToU, which could lead to restrictions on your access to our Product or your Account under sections 20.5-20.9 “Suspension or termination by DUCKY.”
12.3. DUCKY may provide explanations and examples of how these and other rules contained in these ToU apply to a particular situation or the Product depending on its nature and functionalities (“Guidelines”). DUCKY may add, amend, and delete Guidelines in future. In case of any discrepancies between these ToU and the Guidelines, these ToU shall prevail.
13. Amendments
13.1. From time to time, we may need to amend these ToU for serious reasons, for example to reflect new features and functionality in the Product or to comply with changes in the applicable legislation.
13.2. We will inform you of the particular changes and of your right not to accept them in advance via e-mail no later than thirty (30) calendar days before such changes come into force. We will also communicate to you the text of the updated ToU. If you disagree with the changes, you can terminate the ToU by deleting your Account at sos@playducky.com. Your continued use of our Product after the changes come into force will constitute your acceptance of those changes. The latest version of these ToU will always be available on our legal pages at https://melonsandbox.com/ or our other legal pages that we will communicate to you. Changes to these ToU shall not affect your accrued rights and shall not have retroactive effect.
14. Patches, Updates and Changes
14.1. From time to time, we may need to deploy or provide patches, updates, additional Content or other modifications (each, a “Change”) to the Product. We do so to maintain conformity of the Product or for other important operational reasons, e.g. to adapt the Product to a new technical environment or to an increased number of users, enhance online gameplay, add, update, or remove features, resolve software bugs.
14.2. You hereby accept, recognize and understand that we may further develop, improve, patch, update, change, limit the Product, its graphics, features, gameplay and any Virtual Content or Services, including beyond what is necessary to maintain the Virtual Content or Services in conformity for other important operational reasons as described in section 14.1.
14.3. Changes include so called “nerfs or buffs” to Virtual Content or Services, including the Virtual Content or Services that you have already ordered. We will do that only if permitted by law and in accordance with the process required by law, especially only if there is a valid and reasonable cause for example as described in section 14.1 or expiry of rights of use acquired by DUCKY.
14.4. For any upcoming Changes to Virtual Content or Services, if a Change has a negative impact on your access to Virtual Content or Services, we will inform you immediately about the Change, the characteristics and time of occurrence.
14.5. DUCKY will do its best to make Content and the Product available to you. However, you acknowledge and accept that Content and the Product may have a limited lifecycle or that we may no longer be able to provide Content or the Product for business reasons or due to legal, technical, or other objective reasons. If we decide to stop providing Content or the Product, we will inform you in advance and we assume no liability unless otherwise is required by the applicable law.
15. Technical Requirements
15.1. You need certain minimum hardware and software capability (including a suitable connection to the Internet) to use the Product. The technical requirements for the Product are set out in the Product’s description. Please make sure you meet such technical requirements before installing/using the Product. The graphics quality in the Product may differ depending on your settings, hardware capabilities, and Internet connection.
15.2. Changes to the minimum hardware and software requirements will be done in accordance with section 14 “Patches, Updates and Changes.”
16. Links to Third-Party Websites
16.1. The Product may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such websites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
16.2 Apple and Google Notices
Apple
17. Disclaimers. No Warranties.
UGC Disclaimer
17.1. Except as may be required by applicable law, DUCKY is not liable for, nor is DUCKY obligated to screen, approve, edit, or control any UGC that you publish or otherwise make available related to the Product. DUCKY may, however, at any time, without notice, and without any obligation to you, remove, edit, block or suspend the availability of any UGC that DUCKY thinks violates these ToU or is otherwise objectionable. You understand that when using the Product, you will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy that you have or may have against DUCKY regarding UGC. If notified by user or content owner that UGC allegedly violates these ToU, DUCKY may investigate and decide whether to remove the UGC (which DUCKY can do at any time, without notice).
As Is
17.2. THE PRODUCT AND ALL MATERIALS AND AVAILABLE CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUCKY AND DUCKY’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND AVAILABLE CONTENT, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
No Responsibility
17.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUCKY OR ANY MATERIALS OR CONTENT AVAILABLE IN RELATION TO THE PRODUCT WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR DUCKY THAT IS NOT EXPRESSLY STATED IN THESE ToU. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, YOUR DEALING WITH ANY OTHER USERS ON THE PRODUCT, AND ANY MATERIALS OR CONTENT AVAILABLE IN RELATION TO THE PRODUCT. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Limitations of Liability
18.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DUCKY AND THE AFFILIATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT OR ANY MATERIALS OR CONTENT ON THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DUCKY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
18.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF DUCKY AND THE AFFILIATED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE PRODUCT OR OTHERWISE UNDER THESE ToU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 USD.
19. Indemnification
19.1. You agree that you will be responsible for your use of the Product, and you further agree to defend and indemnify DUCKY and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Product; (b) your violation of any part of these ToU, any representation, warranty, or agreement referenced in these ToU, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any dispute or issue between you and any third party. DUCKY reserves the right, at DUCKY’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with DUCKY’s defense of that claim.
20. Termination
Termination for Cause
20.1. Our and your legal rights to delete your Account and terminate these ToU for cause remain unaffected.
20.2. If a termination for cause is prompted by a breach of a contractual obligation under these ToU from our side, you are entitled to (a) a refund for any payments made by you for premium in-game currency that at the time of termination has not been used by you in exchange for other Virtual Content or Services; and (b) a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds except as set forth in these ToU or required under the applicable law.
Your right to delete your Account and terminate these ToU without cause
20.3. You may terminate these ToU without cause at any time by deleting your Account at sos@playducky.com.
20.4. Any Virtual Content or Services that you ordered from us is directly linked to the existence of your Account. If you decide to delete your Account and terminate these ToU without cause, you will lose any Virtual Content or Services accessible from that Account at the time of the termination. You will not be entitled to any refunds. This section does not limit your statutory right of withdrawal under section 6 above.
Suspension or termination by DUCKY
20.5. If you are in breach of these ToU, then we may, depending on the seriousness of the breach, take some or all of the following actions:
(a) suspend or permanently close your access to individual features of the Product. You will not be able to use such features and Virtual Content or Services in connection with them, but you will still have access to other parts of the Product.
(b) suspend or permanently close your access to the Product. You will not be able to access the Product and use any Virtual Content or Services in them.
(c) suspend or permanently close your access to your Account. You will not be able to access your Account and use any Virtual Content or Services in it during the suspension period, and we may also prohibit you from accessing or using the Product in the future.
(d) terminate these ToU and delete your Account.
20.6. If the breach of these ToU is your first breach, if it is not serious, if it is capable of cure, and if the circumstances allow us to do so, then we give you fourteen (14) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period.
20.7. We will permanently close your access to your Account or delete your Account in serious circumstances where we consider that a temporary suspension is not sufficient. For example, this might include a serious or repeated breach of these ToU.
20.8. If we suspend your access or delete your Account due to your breach of these ToU, you will not be entitled to any refunds, unless otherwise required by applicable law. This section does not limit your statutory right of withdrawal under section 6 above.
20.9. If you believe that we have suspended access or deleted your Account in error, please contact our customer support at support@melonsandbox.com.
Nicknames
20.10 If your Account is deleted, we may allow new players that create an Account to use the Nickname you used with your deleted Account.
21. Governing Law and Jurisdiction
21.1. The law of the Republic of Cyprus shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules. If you are a consumer habitually resident in the EU, you also enjoy protection of the mandatory provisions of the law of your country of residence. The non-exclusive jurisdiction of the court of Cyprus is agreed. This means that you may bring an action to enforce your consumer protection rights in connection with these ToU either in Cyprus or in your country of residence with the following exceptions:
21.2. In case of any disputes relating to the interpretation, performance or validity of these ToU, an amicable solution will be sought before any legal action, unless otherwise required by the laws of your country of residence.
22. No restriction on Consumers Rights
22.1. The provisions of these ToU are not intended to exclude or limit the rights available to consumers under the relevant provisions of applicable law.
22.2. If any part of these ToU is held to be unenforceable, then it will not affect the enforceability of any other part of these ToU. Also, we and you agree to interpret the rest of this ToU in such a way as to reflect your and our intentions in these ToU as far as possible.
23. Contact us
If you have any questions, complaints, or comments regarding these ToU or the Product, please contact us at support@melonsandbox.com.