“Additional Policies”means the EULAs and other applicable policies for specific services (including, without limitation, forums, chats, or contests), as well as the Privacy and Cookie Policies;
“Beta Version” means a testing and not final version of the Platform;
“Cryptocurrency” is a digital or virtual currency which is based or registered on blockchain technologies;
“Company”or“we” means Satoshi’s Games S.L. a company incorporated under the Spanish laws;
“Cooling-off Period” means the 14 days period in which the User may cancel and returna game orderwithout a justification provided that certain conditions (described in these Terms) are met;
“Developers” areGame developersthat have made available their Games to other Users in the Platform;
“Desktop Game Launcher” is the downloadable desktop version of the Platform;
“Digital Assets” means NFTs, skins, items, and other services (such as battle-passes) connected or related to any of the Games;
“EULA” means the end user license agreements of the Games, including any amendments from time to time;
“Fiat Money” is the legal tender currency established by a government;
“Games” means video games made available on the Platform to Users;
“Marketplace” is the marketplace managed by the Company or by its licensee that allows the exchange of Digital Assets between Users available at https://market.elixir.app/;
“Marketplace T&C” means the terms and conditions that govern the use of the Marketplace;
“NFTs” are cryptographic tokens with unique identification codes and metadata that distinguish them from each other, and that exist by virtue of the ownership record maintained on third parties blockchain;
“Platform” is the video game distribution platform named "" developed and managed by the Companyor licensorswhich allows Users to make available to other Users Video Games and Digital Assets;
“Rewards” are rewards in bitcoin and in Digital Assets which the User can get either in connection with the Games (e.g. bycompleting in-game tasks) or through referral programs;
“SAT” is the Cryptocurrency based on the Bitcoin blockchain that corresponds to the one hundred-millionth part of a bitcoin: 1SAT = 0.00000001 BTC;
“Services” are the services offered to Users by the Company through or by the Platform as detailed hereinafter;
“User Content”is any form of text, data, information, content, files, picture, image, audio, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that the User submits or posts on or through the Platform or through tools or applications we provide for posting or sharing such content;
“User”or“you” means the person who registers an account on the Platform or otherwise uses the Platform or the Services.
“Website” is the website located at https://elixir.app/
These Terms are a legal agreement between the User and the Company. These Terms also apply to the desktop version of the Platform (included the Desktop Game Launcher) and to all other versions, including mobile apps, of the Platform that the Company makes available to the Users. Your use of the Platform is also governed by the EULAs associated to each Game and by the Additional Policies. By downloading or using/accessing the Platform or the Games, you expressly agree to be bound by and to comply with these Terms as well as with mentioned EULAs and Additional Policies. If local laws in your respective jurisdiction require that you are of a certain age in order to enter into legally binding agreements such as these Terms and you are not or you have not obtained parental or guardian consent to enter into, then you shall not access the Platform and immediately stop any use of it.
You specifically acknowledge and agree that the Beta of the Platform does not represent the final version of the Platform and that it may be subject to limitations or bugs. You understand the testing nature of the Beta, and that the Beta may be changed or redesigned in the future. Furthermore, you acknowledge and accept that the user experience is limited, also in order to allow us to develop and further improve the Platform, that you will not have an access to the Beta in a continuous and stable manner, and that your use may be limited.
The Beta Version, as well as the interoperability among the Platform, the Games, and the Digital Assets are in Beta stage, are made available “as is”, and may contain bugs, errors and other problems that could cause system malfunctions and other failures, including data loss. Their use is intended for testing purposes. In addition to the limitations of liabilities set forth herein below,YOU HEREBY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS WHICH MAY BE CONNECTED DIRECTLY OR INDIRECTLY WITH THE USE OF THE BETA VERSION OF THE PLATFORM OR CONNECTED WITH THE GAMES or THE DIGITAL ASSETS.You also agree that any harmful consequences due to your device (e.g. obsolete operative system, slow internet connection or not sufficient minimum requirements) are not attributable to us.
We do not commit, promise or agree to release, develop, and/or offer for sale or for free any subsequent version of the Platform. We reserve the right to unilaterally terminate the access to the Beta or to cease and abandon any efforts to release any other version of the Platform at any time and for any reason, without any obligation or liability and without any duty to communicate such decision to you. Notwithstanding the foregoing, we may inform you prior to discontinue the availability of the Platform in case there are outstanding balances in the User Account. Any unclaimed balance will be permanently lost should the User not have withdrawn them before the termination date.
Services and Features
The Platform’s purposes are (i) to facilitate videogame developers and publishers to reach as many videogame players as possible, (ii) to allow Users to download and play the Games; (iii) to make both the developers/publishers and the players to take advantage of blockchain-related functionalities within the games. With that in mind, the Platform offers the following Services:
Distribution of Games and Digital Assets;
Providing Accounts to the Users and virtual (non-custodial) wallets;
Implementation of Games Rewards;
Access to the Marketplace;
Games and Digital Asset Distribution
Through the Platform you may purchase (i) licenses of use of Games that have implemented blockchain technologies, and (ii) Digital Assets connected to the Games. Both the Games and the Digital Assets belongs to their respective owners and rights’ holders; we only act as contact facilitators between the Developers and the Users. We do not own the Games nor the Digital Assets; therefore, we are not responsible for the content of the Games nor of the Digital Assets, or if they are in violation of applicable laws. For the same reason, only the legitimate owner/licensor can decide which rights are to be transferred when a User purchases a Digital Item. Such provisions are set forth in respective EULA of the Game the Digital Assets refers to. We are not a party to contract relationships between the Users and the Developers; these relationships are governed by the respective Game EULAs. Therefore, any complaint must be addressed to the appropriate User and solved among the Users.
We do not provide any kind of warranty, express or implicit, nor money deposit, exchange or transfer of currency services.
All the Digital Assets connected to the Games have (and shall have) a functional, entertainment, or collectible utility/purpose and cannot be used, purchased, sold, or otherwise disposed for any other purposes which is in violation with any applicable law, including banking and financial regulations.Our focus is to enable gamers to get a higher control & ownership, trust and ultimately worth over their purchased/earned NFTs, not to permit speculation or any kind of investment/financing purpose.
Digital Assets are not provided for any type of investment purpose, are not intended to be any kind of financial instrument, do not represent any share, stake, security, right to get dividends or equivalent rights and may or may not grant limited intellectual property rights or other rights which are determined solely by each Game respective EULA.
User Account and Wallet
The Platform allows you to collect and transfer the Rewards gained and the Digital Assets purchased by the User Account. Note that the User Account is neither a bank account nor any kind of payment instrument: it is a database that memorizes the activities -but does not physically store- your Rewards and Digital Assets connected to the Games, with the only purposes of giving you more control on them and to open to the possibilities brought by blockchain technologies and metaverses.
The Games in our Platform may have implemented to offer Rewards to Users (e.g., completing some game tasks) in the form of SAT or Digital Assets. You are free to use your legitimately gained Rewards (no cheating! no stealing! no hacking!) provided that you do not violate any law. Since we are not an exchange, nor it is our intention to become it, note that the Company and the Platform cannot redeemed for Fiat Money or cash-out any Rewards.
Rewards are managed directly by the Developers, who make all decisions concerning the provision of Rewards; they are the sole responsible for designing and implementing Rewards mechanisms in their Games together with their corresponding goals and challenges, as well as for defining their associated Rewards amounts. Also they are solely responsible for keeping their Game’s reward pools well-funded in order to cover rewards earned by Users and for any bugs or exploits in the Game which might bring them to temporarily stop Reward schemes by potential abuse or fraudulent use of their Games. The Companyjustprovidestechnology means that enable the functionality of the Reward system in connection with the Games:therefore we do not have any control on the Rewards, nor we ensure that the Rewards will be available and delivered to you.
Rewards (together with the balance you have in your Account) can be used to buy Games, Digital Assets, and other items made available to be purchased in the in Elixir Store or in the Marketplace (in this case, in accordance with the Marketplace T&C), or to buy third parties’ items (e.g., Bitrefill Gift Card Vouchers). The terms and conditions set by these third parties will apply when buying their products or services.
Rewards may also be awarded in connection with a referral program. Rewards earned by referrals are subject to the referred User not to exercise its right of refund as provided hereinafter. Consequently, we will keep the referral Rewards “pending” until the Cooling-off Period has expired.
Access to the Marketplace
The Platform is connected to the Marketplace, where primary and secondary sales of Digital Assets happen. By accessing the Marketplace through the Platform, you accept entirely the Marketplace T&C. Please refer to the Marketplace T&C and read them carefully before accessing the Marketplace.
IP Ownership and Platform License Conditions
Except as otherwise provided in these Terms with reference to the rights attached to Digital Assets, Games, and Rewards all content and Services provided by us on the Platform are licensed by us to you, not sold. You must use the Platform only for your personal, non-commercial use. Your license confers no title or ownership in the content and Services. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the content obtained through the Platform, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You must not reproduce, sell, or exploit for any commercial purposes any part of the Platform, or any services or materials available through the Platform.
You acknowledge and agree that all titles and intellectual property rights in and to the Platform and any and all material connected with them (including but not limited to any derivative works, titles, computer code, graphics, music or sounds, characters, themes, objects, locations, concepts, artwork, texts, screen displays, methods of operation, moral rights, “applets” incorporated into the Platform, and any related documentation) are owned by the Company or its licensors or licensees. The Company is free to grant licenses on the above-mentioned rights to third parties without your consent. You may not use any metatags or other “hidden text” utilizing “Elixir” or any other name, trademark or product or service name of the Company or our affiliates without our prior written permission.
The Platform is protected by national and international laws, treaties and copyright conventions. The Platform may contain licensed material and, in such case, Company's licensors can protect their rights in the event of any violation of these Terms. Any reproduction or representation of such material under license in any form and for any reason, without the prior consent of the Company and, where applicable, of the licensors and representatives of the Company is prohibited. Except where explicitly established by these Terms all rights not granted herein to the User are explicitly reserved by the Company.
You are solely responsible for your use of the Platform and for any content you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the User Content posted or listed via the Platform. By submitting, posting or displaying User Content , including any picture, description or such related to Digital Assets, on or through the Platform, you grant us a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, modify, and display any text, content, files, picture, image, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content (collectively “User Content”) that you submit or post on or through the Platform or through tools or applications we provide for posting or sharing such content for our lawful business purposes, including to provide, promote, and improve the Platform, our Services, or our other services and products.
User Account: If you register an account or if you otherwise use the Platform or access the Website, you specifically agree to be bound to these Terms and by the Additional Policies as a User.
We require all users to be 18 years old or older. If you are under 18, you may use a parent or guardian's Platform account, but only with involvement of the account holder. However, the account holder is responsible for everything done with that account. If local laws in your respective jurisdiction require that you are of a different age in order to enter into legally binding agreements (such as these Terms) and you are not or you have not obtained parental or guardian consent to enter into, then you shall not access the Platform and immediately stop any use of it. By creating an account, you also agree to provide accurate, true, current and complete information about yourself, and to maintain and promptly update your account information as necessary. You understand and agree that access to your Platform account is limited solely to you. You agree that you will not sell, rent, lease, assign, or grant access to your account to any person without our prior written permission. You also understand and agree that you are solely responsible for maintaining the security of your account and to keep control over any usernames, passwords, or any other codes that you use to access the Platform. You understand, acknowledge and agree that you will not hold us responsible for managing and maintaining the security of your account. You further agree that we are not responsible for any unauthorized or third-party access or use of your account. Without prejudice to the foregoing, if you notice any unauthorized or suspicious activity in your account, please report it to us as soon as possible.
The User acknowledges and agrees not to do any of the following:
Sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
Use the Platform or any of our Services for commercial or promotional purposes;
Sell, assign, rent, lease, license, distribute, copy, reproduce, or display the Platform whether for profit or not;
Export or re-export the Games available on the Platform or any copy of adaptation in violation of any applicable laws or regulations;
Perform reverse engineering activities, change, modify, adapt, translate, decompile, disassemble the source code, or create derivative or imitative works based on the Platform;
Allow any third party to use the Platform on behalf of or for the benefit of any third party;
Use the Platform in any way which breaches any applicable local, national or international law;
Create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Platform or the Games;
Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Platform, or the Digital Assets;
transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Platform, and/or organize, participate in or be involved in any way in an attack on our servers and/or the Platform and/or those of its service providers and partners;
Use the Platform and connected blockchains to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Lightning Network, the Bitcoin Blockchain, the Platform, or our Services;
Engage in wash trading or other deceptive or manipulative trading activities;
Use the Platform to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
Use the Platform to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, DAOs, staking bonuses, and burn discounts; or
Use the Platform for any purpose in breach of these Terms.
We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering of incomes obtained by criminal means, or for counteracting financing of terrorism. We may also require you to provide additional information and documents, and you hereby agree that we have the right to immediately suspend your account, pause or cancel your access to the Platform, or terminate your account, if we suspect, in our sole discretion, that:
your account is being used for money laundering or other illegal activity;
you have hidden or provided false identification information or other details;
you have been engaged in fraudulent activity or you have engaged in transactions in violation of these Terms;
for any other reasonable purpose as requested by
the Company or by public authorities.
IP Infringement.The Company is against any kind of copyright infringing activities or other intellectual property infringing activities; notwithstanding the Company does not–and it is not obliged to–perform any control or monitoring on the Games or on the User Content uploaded, violations may result in the removal of the Game or the User Content if the Company is notified of such violations. We may also remove any Game or User Content if you are in violation of these Terms. Removal and termination of accounts may occur without prior notice.
Special provisions applicable to Developers Accounts. DEVELOPERS ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY UPLOAD AND DISTRIBUTE ON THE PLATFORM. Developers affirm, represent, and warrant that they own or have all and any rights, licenses, permissions and consents necessary to publish, duplicate, grant licenses, transfer, sell, and distribute the submitted Game. By submitting Games to the Platform, Developers also grant a license to the Company for publication on the Platform, pursuant to these Terms and any additional agreements.
We have the right, at our sole discretion and without the need to provide any reason or communication, to decide not to publish a Game, or to take down, or make it unavailable to Users on the Platform. We own no obligation to you to make the Game or User Content available to Users. You hereby accept that no liability will arise upon the Company if your Game is not made available to Users; further you agree that you will not be entitled to any kind of damages or to collect any kind of amounts.
Fees and Refunds
Fees.Each purchase by the User that happens on, by, or through the Platform is subject to a fee in favor of the Company, the amount of which is determined by the sole discretion of the Company and is visible in each transaction (the “Service Fee”). Save as otherwise provided in the paragraph below, The Service Fee is final and cannot be subject to refund, without regard to any event that may negatively affect the underlying transaction.
Payment Service Providers.The purchase of Games can be made only through the modalities listed on the Platform. You are aware and accept that the Company may use third-party payments service providers and you agree to accept the policies of the Company’s payment providers. When you provide payment information to the Company or one of its payment providers, you represent that you are the authorized user of the card, PIN, key, crypto/digital wallet, or account associated with that payment, and you authorize the Company to charge you for the Service Fee or process your payment with the chosen payment provider. Further, you are acknowledged that transactions on the blockchain are irreversible and may be subject to technical glitch. We have no ability to cancel, revert, or modify any transaction that happens on the Lightning Network or on other blockchains.
Tax. The Company may withhold any taxes, duties, charges or levies on payments made by you to the Company as may be required by applicable law, rule or regulation, and submit such withheld taxes, duties, charges or levies to the appropriate tax authority. It is the sole responsibility of the Users to pay any taxes deriving from the sale of Games and in general from their use of the Platform.
No refund.All the transactions that happen on, by, or through the Platform are final and not subject to any refund.
Cooling-off. Notwithstanding the foregoing, the sale of Games is subject to a 14 (fourteen) days cooling-off period (the “Cooling-off Period”). Before the Cooling-off Period expires, the User may cancel and return its order without a justificationprovided thatthe User has not (i) played the Game for more than 2 (two) hours; (ii) made any withdrawal of btc rewards or purchased in-game or in-store items, coupons or any other good using btc rewards
(iii) made any withdrawal or set any sell order in the market on nft rewards .
Cooling-off is not offered for Digital Assets.In accordance with global principles (e.g. art. 16 of the EU Directive on Consumers Rights) the cooling-off period does not apply to the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. Consequently,you hereby acknowledge and agree that by purchasing any Digital Asset or otherwise accessing any Digital Access you lose any right to a colling-off period and to get a refund. Your purchase or access to the Digital Asset is therefore final and cannot be subject to a refund.
Social Media and Platform Content
You may upload content (e.g., screenshots, video, or audio) on social media or other platforms (such as Twitch) only for purposes of showing the potentialities and features of the Platform. All of this material shall be uploaded without any kind of modification and in accordance with these Terms and any Additional Policy, and shall not infringe any third-party rights.
DISCLAIMERS. LIMITATION OF LIABILITIES. INDEMNIFICATION.
THE COMPANY AND THE PLATFORM ARE NOT BROKERS, FINANCIAL INSTITUTIONS, EXCHANGES, OR ANY SIMILAR REGULATED ENTITIES. OUR PLATFORM IS INTENDED ONLY TO FACILITATE THE DISTRIBUTION AND USE OF BLOCKCHAIN BASED GAMES FOR ENTERTAINMENT PURPOSES.
BITCOIN AND OTHER CRYPTOCURRENCIES MAY BE SUBJECT TO GOVERNMENTAL LIMITATIONS OF PROHIBITIONS IN SOME COUNTRIES. YOUR USE OF BITCOIN AND OTHER CRYPTOCURRENCIES SHALL BE MADE IN ACCORDANCE WITH YOUR COUNTRY’S LAWS AND REGULATIONS. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THAT THE USE, TRANSFER, AND HANDLING OF CRYPTOCURRENCIES IS PERMITTED AND MADE IN ACCORDANCE WITH THE LAWS THAT MAY APPLY TO YOU. WE DECLINE ANY LIABILITIES FOR YOUR COMPLIANCE WITH SUCH LAWS.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL DEFECTS” AND WITHOUT ANY WARRANTS, GUARANTEES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.
THE COMPANY DOES NOT WARRANTS TO YOU THE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF OR YOUR ACCOUNT AND YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS THAT WAS NOT INTENTIONAL OR CAUSED DUE TO GROSS NEGLIGENCE BY THE COMPANY.
YOU EXPRESSLY ACCEPT THAT THE USE OF THE PLATFORM IS AT YOUR OWN RISK AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS AND YOU WILL INDEMNIFY IT FOR ANY IMPROPER USE YOU MAY MAKE OF THE PLATFORM OR OF RELATED SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
YOU AGREE TO RELEASE AND YOU WILL HOLD HARMLESS AND INDEMNIFY THE COMPANY FOM ANY LIABILITY DERIVING FROM THE GAMES OR THE USER CONTENT UPLOADED, AS WELL FOR ANY CONSEQUENCES DERIVING FROM THE REMOVAL OF INFRINGING CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT THE COMPANY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS) WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, AND OUR RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (INDIVIDUALLY AND COLLECTIVELY, THE “COMPANY’S PARTIES”), FROM AND AGAINST ALL ACTUAL OR ALLEGED THIRD PARTY CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) AND COSTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT AND COSTS OF PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSED BY, ARISE OUT OF OR ARE RELATED TO (A) YOUR USE OR MISUSE OF THE GAMES, THE PLATFORM, THE WEBSITE, THE USER ACCOUNTS, THE NFTS, THE ASSETS, OR ANY SERVICES PROVIDED BY THE COMPANY (B) ANY INFORMATION YOU PROVIDE, (C) YOUR VIOLATION OF THESE TERMS, AND (D) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANOTHER USER OR THIRD-PARTY WALLETS. YOU AGREE TO PROMPTLY NOTIFY US OF ANY THIRD-PARTY CLAIMS AND COOPERATE WITH THE COMPANY’S PARTIES IN DEFENDING SUCH CLAIMS. YOU FURTHER AGREE THAT THE COMPANY’S PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND WITHOUT PREJUDICE TO THE EXCLUSION OF LIABILITIES CLAUSES CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY’S PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE PLATFORM, GAMES, CONTENT, NFTS, ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE PLATFORM EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY THE COMPANY FROM THE SALE OF GAMES THAT ARE THE SUBJECT OF THE CLAIM.
Limitations and exclusions of warranties and remedies in these TERMS may not fully apply to you because your jurisdiction may not allow them in your particular circumstance.
These Terms are effective from the date you accept them, or first use of the Platform.
Your rights under these Terms will terminate automatically without notice from the Company if you fail to comply with any provision of these Terms or any Additional Policy.
your Account is being used for money laundering or other illegal activity;
(ii) you have hidden or provided false identification information or other details;
(iii) you have been engaged in fraudulent activity or you have engaged in transactions in violation of these Terms.
You may terminate your contractual relationship with the Company (provided that there are not outstanding obligations on your side to be performed by you to the benefit of the Company or Company’s beneficiaries) at any time by cancelling your Account and removing any Game or User Content uploaded on the Platform. In such case, you must stop using any features, and do not access the Website and the Platform, or use any related Services directly or through other accounts or third-parties. Before you decide to terminate, please be sure to manage what is stored in your Account: we do not guarantee that you balance, the NFTs or the Assets will be still available after your termination. The Company may retain and unclaimed User’s balance, NFTs, or Assets after the User termination.
Since (and you acknowledge that) the Company would be irreparably damaged if this Terms were not specifically enforced, you agree that the Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Jurisdiction. Dispute Resolution. Governing Law
These Terms shall be construed, governed, and interpreted under and in accordance with the laws ofSpainwithout regard to its or any other jurisdiction conflict of law’s provisions, that would cause the application of the laws of any other jurisdiction.
If a dispute arises between you and the Company, please first use our friendly resolution mechanism we may provide to you. In any case, any dispute arising directly or indirectly out of these Terms, the Platform Terms of Service, or any Additional Policy shall be subject to the exclusive jurisdiction of the courts of Spain. Notwithstanding the foregoing, the Company may initiate preliminary injunction proceedings before any other competent court at its sole discretion. The User hereby waives any right to object to such different court.
In the event of a dispute between Users, and between Users and any third party, you agree that the Company has no obligation to be involved. In such event, you release the Company,it’s licensors, its affiliates, and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or the Platform or the Services.
We reserve the right to make amendments to these Terms or any other Additional Policy (the "Amendments") at any time in our sole discretion by posting such updated documents on the Website or by informing directly the Users. The Amendments are effective from the date they are published, or the different date as communicated by the Company. If you do not agree with the Amendments, you may terminate your contractual relationship with the Company (provided that there are not outstanding obligations on your side to be performed by you to the benefit of the Company or Company’s beneficiaries) but you must stop using any features and do not access the Website or use any related Services. Your use of the Platform or of any other of its features after the Amendments have been published or patches and updates have been released shall deemed to be your acceptance of such Amendments and patch or update.
Collective Action and Jury Waivers
YOU AGREE NOT TO ESTABLISH OR PARTICIPATE IN A COLLECTIVE OR REPRESENTATIVE ACTION (E.G., CLASS-ACTIONS), A GENERAL ACTION WITH A PRIVATE LAWYER, OR A COLLECTIVE ARBITRATION IN RELATION TO THE PLATFORM OR THESE TERMS. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
No Assignment or Delegation
Without the Company's prior written consent, you are not authorized to assign, transfer, charge or subcontract all or some of your rights or obligations under this Terms, and any attempt without such consent will be invalid and ineffective. If the mandatory laws of your country prohibit the provisions relating to the transfer of the rights and obligations contained in these Terms, it will be binding on any recipient of such rights.
The Company may at any time assign, transfer, charge or subcontract all or some of its rights or obligations under these Terms without giving notice to you or obtaining your consent.
License to Third-Party
The Platform may contain references to third-party websites or resources or ads. We are not responsible for the content, products or services on or available from those websites, third parties, resources, banners etc. By clicking on them, you acknowledge to take sole responsibility for and assume all risk arising from your use of any third-party websites, resources, product or service.
These Terms represents the complete agreement between you and the Company concerning the use of the Platform, and replaces all prior agreements and representations, warranties or understandings between you and the Company concerning the same subject matter.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and not be affected.
The language of these Terms is English, any translations are provided only after a specific request.
If you have any questions concerning these Terms, you may contact us at email@example.com.