CryptoLand Platform Terms of Service
Last Revised: July 2nd, 2022
YOU SHOULD CAREFULLY READ THESE PLATFORM TERMS OF SERVICE (THE “TERMS”) BEFORE USING THE CRYPTOLAND LLC (“CRYPTOLAND” “WE,” “US,” OR “OUR”) GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH HEREIN, YOU MAY NOT OTHERWISE ACCESS THE PLATFORM.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED ALTERNATIVE DISPUTE RESOLUTION. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND CRYPTOLAND AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE AGREEMENT, INCLUDING THAT PROVISION, CAREFULLY.
Welcome to CryptoLand.io. We created a unique digital, playable world on the Blockchain (as defined below), where such world’s land, inhabitants, resources and items are related to tokenized digital assets that are made available to purchase as game pieces, which are governed by specific rules and logic that dictate how players can interact and participate in this digitized world (the “Game”). You (“you” or “your”), are bound by these Terms concerning your access to and use of www.CryptoLand.io (the “Site”), the Game, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
The Platform is offered and available only to individuals who are 18 years of age or older and who are not a Disqualified Person (as defined in Section 2.7 below). By using the Platform, you represent and warrant that you are of legal age to form a binding contract with CryptoLand.
- CryptoLand Game. The CryptoLand Game is a pay-to-play and play-to-earn game, where gameplay is dependent on a player purchasing a CryptoLand NFT (defined below) in accordance with the CryptoLand Rules and Participation Requirements as established on the CryptoLand.io website, the Community.CryptoLand.io social media platform, the CryptoLand Discord Channel or other methods of Official Communication. (“CryptoLand Specifications”). Certain aspects of the Game are built to run on certain blockchains, including but not limited to the Polygon layer 2 on the Ethereum Blockchain and Ripple Labs, Inc.’s XRP Ledger Blockchain (“Blockchain”). Using the Blockchain, CryptoLand has made or will make available digital tokens that are related to specific components of the Game including the land, avatars, land enhancements, buildable items, and resources, (such tokenized items collectively referred to as “CryptoLand NFT(s)”), and in-Game digital currency $Cryptopium (“$Crypto”). Such CryptoLand NFTs and $Crypto (collectively referred to as “Digital Assets”) are made available to own, subject to the inherent structure and logic of the Game and underlying Smart Contracts (as defined below). CryptoLand shall have sole and complete control over, and reserves the right at any time to make any changes to, the configuration, appearance, content functionality, and scope of the Platform. Without limiting the generality of any other provisions of these Terms, CryptoLand reserves the right at any time, in the exercise of its sole and reasonable discretion, without any liability whatsoever to (i) impose limitations on access to or use of the Platform and (ii) temporarily suspend, or to temporarily or permanently restrict access to, the Platform or any particular portion thereof.
- Game Content. The Game is made up of game content based on developed concepts, themes, artwork, and other conceptualized aspects of the Game including: (i) visual and contextual components (including but not limited to locations, artwork, structural or landscape designs, animations, and audio-visual effects); (ii) stories and narration (including but not limited to dialogues, themes, and storylines); (iii) characters (including but not limited to avatars, classes and subclasses, names, likenesses, characteristics, attributes, and abilities); and (iv) items, including but not limited to virtual goods, buildable structures, weapons, armor, and wearable items ((i)-(iv) collectively referred to as “Game Content”).
- Smart Contracts and Game Logic. The Digital Assets are subject to applicable smart contracts that will automatically effectuate specific actions when predetermined conditions are met (“Smart Contract(s)”). Additionally, certain Game Content associated with Digital Assets are operationalized through the game logic, including quantity, rarity, and general in-game characteristics to allow for the intended gameplay, including but not limited to which characters can mine game resources (including generating $Crypto), when and how to create or build in-game items and/or structures that are tokenized as Digital Assets, as well as how characters may interact with other characters. Information related to the Smart Contracts and Game logic is set forth in the CryptoLand Specifications.
- Digital Assets.
- CryptoLand NFT(s). To play the game you must purchase a CryptoLand NFT which will provide you with the necessary game pieces. When making an initial purchase of a CryptoLand NFT (i.e., where you are the first purchaser and are minting the CryptoLand NFT into existence on the Blockchain), you will not have control over what will be minted, and instead, such CryptoLand NFT will be subject to the randomized allocation of the respective Digital Assets as set forth in the CryptoLand Specifications.
- $Cryptopium ($Crypto). $Crypto is the fungible in-game token used in CryptoLand. As set forth in the CryptoLand Specifications, there are set rules regarding how $Crypto can be generated, mined, or otherwise obtained based on your owned CryptoLand NFT(s) and gameplay. Please review the CryptoLand Specifications for information with respect to how $Crypto may be obtained and utilized in the game.
DISCLAIMER: $Crypto is a fungible token that was created specifically for use as a CryptoLand game token. CryptoLand makes no representation or warranty as to the value of any $Crypto.
- Registration. To use certain aspects of the Platform you may need to register an account (“Account”). Accounts are subject to the following conditions:
- You may only create an Account if you are not a Disqualified Person.
- You must create a username and password (collectively, “Login Information”). Your Login Information is personal to you and you agree you will not share your Account or Login Information with any third party. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, or other activity performed through your Account, whether or not authorized by you.
- You will need to link a working digital wallet to your Account (“Digital Wallet”).
All use of an Account shall inure to CryptoLand’s benefit. CryptoLand does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account.
- Digital Wallet. You have the sole responsibility to (i) establish and maintain, in fully operational, secure and valid status, access to your Digital Wallet; and (ii) maintain, in your fully secure possession, the credentials for accessing your Digital Wallet and the private key for your Digital Wallet. In the event of any loss, hack or theft of any Digital Asset from your Digital Wallet, including any fungible or non-fungible token or other digital assets not from the Platform, you acknowledge and agree that you shall have no right(s), claim(s) or causes of action in any way whatsoever against CryptoLand for such loss, hack or theft of any such Digital Asset.
- User Content. The Platform may provide you an opportunity to upload and display content on the Platform, such as posting on a community forum (any such posted content shall be referred to as “User Content”). By creating, submitting, posting, promoting, or displaying User Content on the Platform, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform for our current and future business purposes, including to provide, promote, and improve the Platform. This includes any digital file, art, or other material linked to or associated with any CryptoLand NFTs that are displayed on the Platform. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant CryptoLand the license described above, and that the content does not violate any laws. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. CryptoLand may remove any User Content and any related content or elements from the Platform at its sole discretion.
- Code of Conduct. Your use of the Platform to interact with CryptoLand and other players is governed by CryptoLand’s Code of Conduct which will be found at a later date on the CryptoLand.io website, the community.CryptoLand.io Social media platform, the CryptoLand Discord Channel, this document, and other methods of Official CryptoLand Communication. (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive. Please note that violation of any part of the Code of Conduct (including with regard to your use of CryptoLand’s Site and forums) may result in penalties against your Account, including suspension and/or termination of access to the Game or other use of the Platform.
- Prohibited Activities. You agree not to use the Platform to:
- Violate any law, regulation, or governmental policy in the United States or internationally;
- Cheat in any manner to gain a competitive edge or otherwise influencing or facilitating gameplay beyond that intended by CryptoLand, including utilizing any methods not expressly authorized by CryptoLand (whether accomplished using hardware, software, hacking software, using bots or other code to automate actions, or any combination thereof).
- Infringe upon or violate intellectual property rights or any other rights of anyone else (including CryptoLand);
- Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner;
- Jeopardize the security of your Account or anyone else’s (such as allowing someone else to log into the Platform as you);
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Violate the security of any computer network, or crack any password or security encryption code;
- Impersonate or attempt to impersonate another individual, entity, CryptoLand employee, agent, or another Platform user;
- Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
- Copy or store any Platform source code or a significant portion of our content;
- Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or relating to the Platform we provide;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Game or related Game Content is stored, or any server, computer, or database connected to the Platform;
- Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Platform;
- Attack our Platform via a denial-of-service attack or distributed denial-of-service attack;
- Use any device, software, bot, or routine that interferes with the proper working of the Platform;
- Use any manual or automated process to monitor or copy any of the material on the Platform or for any other unauthorized purpose, including, without limitation, using any automated or non-automated systems to scrape, copy, or distribute content without our prior written consent;
- Damage, overburden, disable, or impair the Platform;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend CryptoLand or its users, or otherwise expose them to any liability; or
- Otherwise attempt to interfere with the proper working of the Platform.
- Disqualified Persons. You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Platform. If you access or use the Platform outside the United States, you are solely responsible for ensuring that your access and use of the Platform in such country, territory or jurisdiction does not violate any applicable laws.
You are not authorized to use the Platform if there are applicable legal restrictions in your country of residence that would make the use of the Platform illegal. It is your sole responsibility to ensure that your use of the Platform is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected in any way by any applicable law in your country of residence or domicile. In addition, you are not authorized to use the Platform if you are:
- a citizen, domiciled in, resident of, or physically present / located in Iran, North Korea, Cuba, Syria, China, Afghanistan, Russia, Central African Republic (the), Congo (the Democratic Republic of the), Libya, Mali, Somalia, Sudan, and Yemen (each an “Excluded Jurisdiction”).
- a corporate body: (i) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (ii) which is under the control of one or more individuals who is/are citizens of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;
- an individual or body corporate: (i) included in the consolidated list published by the United Nations Security Council of individuals or entities subject to measures imposed by the United Nations Security Council accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list; or (ii) included in the United Nations Lists (UN Lists) or within the ambit of regulations relating to or implementing United Nations Security Council Resolutions listed by MAS and accessible by https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/lists-of-designated-individuals-and-entities and https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/regulations-for-targeted-financial-sanctions; or
- an individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to such individual or corporate body from participating in any part of the Platform.
If you are not authorized to use the Platform under this Section 2.6, you are deemed a “Disqualified Person” under these Terms.
- Suspension or Termination of Access to the Platform. CryptoLand may, directly or indirectly, suspend, terminate, or otherwise deny your access to or use of all or any part of the Platform, without incurring any resulting obligation or liability, if: (a) CryptoLand receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires CryptoLand to do so; or (b) CryptoLand believes, in its discretion, that: (i) you have failed to comply these Terms in any manner, or accessed or used the Platform beyond the scope of the rights granted or for a purpose not authorized under these Terms; or (ii) you have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Platform or any Digital Assets. This Section 2.7 does not limit any of CryptoLand’s other rights or remedies, whether at law, in equity, or under these Terms.
- Changes to Platform and these Terms. You acknowledge that these Terms may be discretionarily modified or replaced at any time by CryptoLand. The most current version of these Terms will be posted on the Site with the “Last Revised” date at the top of these Terms. We may also send you notification of updated terms to your contact on file as part of your Account or by otherwise notifying you of such changes via the Platform. Any changes or modifications are binding and shall be effective immediately upon posting the revisions to the Site. Use of the Platform by you after any modification to these Terms constitutes your acceptance of the Agreement as modified.
- IP Ownership
- Platform and Game Content Ownership. CryptoLand and its licensors are and remain the sole owners of all right, title, and interest in and to the Platform, including the Game and all of the features and components thereof. The Platform may contain materials licensed by third-parties to CryptoLand, and these third-parties may enforce their ownership rights against you in the event that you violate these Terms. The following components of the Platform are expressly owned by CryptoLand and/or its licensors:
- All Game Content appearing within the Platform;
- All data and communications generated by, or occurring through, the Platform;
- All sounds, musical compositions, recordings, and sound effects originating in the Platform;
- All Game recordings;
- Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
You shall not, nor permit any third party to, do or attempt to do any of the following with respect to the Platform or any Game Content: (i) modify the Platform or Game Content in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Game Content to advertise, market, or sell any product or service; (iii) use the Platform or Game Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Platform or Game Content in movies, videos, or any other forms of media, except for your own personal, non-commercial use, or as otherwise expressly permitted by the Terms; (v) create any derivatives of the Platform or Game Content, (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Platform or Game Content; (vii) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Platform or Game Content; or (viii) otherwise utilize the Platform or Game Content for your or any third party’s commercial benefit.
- CryptoLand NFT Ownership. You as the buyer of a CryptoLand NFT own right, title and interest in and to the Digital Asset, but not to the underlying intellectual property of the related Game Content. Except as may be otherwise expressly stated in each CryptoLand NFT, subject to your continued compliance with these Terms and each license associated with the respective CryptoLand NFT, you as a CryptoLand NFT owner are hereby granted, solely for the period of time that you own the applicable CryptoLand NFT, a limited worldwide, revocable, royalty free, non-exclusive, non-commercial, personal, non-assignable, non-transferrable, non-sublicensable right and license under the copyright to the Game Content that is related to the appliable CryptoLand NFT, to publicly display the related Game Content of the applicable CryptoLand NFT for (a) for your own personal, non-commercial use; and (b) as part of a marketplace that permits the purchase and sale of your CryptoLand NFT, provided that the marketplace cryptographically verifies each applicable CryptoLand NFT to ensure that you are the actual owner prior to displaying the underlying Game Content. The license granted under this Section 4.2 applies only to the extent that you continue to own the applicable CryptoLand NFT and the forgoing license shall terminate upon your sale of the CryptoLand NFT.
- User Content. You hereby grant CryptoLand a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. CryptoLand shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to CryptoLand any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and CryptoLand, and CryptoLand may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and CryptoLand. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights, or other personal rights of any third party.
- CryptoLand NFT Purchases. Any purchase of a CryptoLand NFT from the Site or Platform will be done utilizing CryptoLand’s Smart Contracts on the applicable Blockchain and utilizing your linked Digital Wallet. Transactions on the Blockchain are final and cannot be reversed. You are responsible for maintaining access and control of your Account and Digital Wallet and are responsible for any transactions made using your Account and/or Digital Wallet. CryptoLand hereby disclaims all liability with respect to any claims, liabilities or damages that may arise as a result of any transactions made using your Account and/or Digital Wallet. Prices for the initial sale of CryptoLand NFTs are set forth at 10,000 XRP each (subject to change based on demand and other market conditions).
- Secondary Sales. The Smart Contracts further govern secondary transactions of CryptoLand NFTs (i.e., when you sell a CryptoLand NFT after your purchase of such CryptoLand NFT), and you hereby agree, as provided in the Smart Contract, that each time you conduct a transaction with another user via the Platform to sell a CryptoLand NFT, you authorize us to collect a commission of up to 10% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Blockchain as a part of the transaction in accordance with the Smart Contracts. You acknowledge and consent to the risk that the price of any CryptoLand NFT purchased through a secondary sale may have been influenced by activity outside of the control of CryptoLand. CryptoLand does not represent, guarantee, or warrant the accuracy or fairness of the price of any CryptoLand NFT sold or offered for sale on or off of the Platform. You agree and acknowledge that CryptoLand is not a fiduciary nor owes any duties to any user of the Platform, including the duty to ensure fair pricing of CryptoLand NFTs.
- Taxes. You are responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority that are associated with your use of the Platform, including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of any CryptoLand NFTs, and any $Crypto generated from such CryptoLand NFTs and/or your involvement in the Game.
- DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED STRICTLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRYPTOLAND AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING OUT OF STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CRYPTOLAND AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOLAND AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR ABOUT PRODUCTS, THE VALUE CRYPTOLAND NFTS, OR THE CONTENT OF ANY THIRD-PARTY SERVICES OR WEBSITES LINKED TO OR INTEGRATED WITHIN OUR PLATFORM. WE SHALL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF GAME CONTENT; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (C) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR PLATFORM BY ANY THIRD PARTY; (E) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR PLATFORM; OR (F) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.
- Downtime Disclaimer. CryptoLand uses commercially reasonable efforts to provide access to the Platform in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Platform may occur due to a variety of factors, some of which are outside of CryptoLand’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Platform (collectively, “Downtime”). Part or all of the Platform may be unavailable during any such period of Downtime, which may include an inability to purchase or earn a Digital Asset at the time you intended. CryptoLand shall not be liable or responsible to you for any inconvenience, losses or any other damages as a result of Downtime, including your inability to earn, purchase or otherwise use a Digital Asset that is no longer available following the Downtime. You hereby waive any claim against CryptoLand resulting from any Downtime.
- Assumption of Risk. You hereby acknowledge and assume the risk of using and making purchases through the Platform and take full responsibility and liability for the outcome of actions initiated. You acknowledge the following risks related to blockchain technology, including fungible and non-fungible tokens.
- The value of fungible and non-fungible tokens such as the Digital Assets are subjective. The potential value of the Digital Assets are subjective in nature and subject to volatility and fluctuations in the price of cryptocurrency and adoption of the respective Blockchain and underlying technology.
- Regulatory uncertainty. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the utility of the Digital Assets.
- Blockchain technology risk. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your Digital Wallet or Account.
- Digital asset risks. There are risks associated with purchasing Digital Assets that are associated with Game Content, including but not limited to, the risk that the original Game Content is vulnerable to metadata decay, bugs in smart contracts, and issues that may interfere with viewing the associated image related to such Digital Asset. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Digital Asset on the Platform, including any CryptoLand NFT.
- Third-Party Services. We do not control third-party services like the Blockchain or other public blockchains, Digital Wallets, or other third party products that you may be interacting with and we do not control third-party smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.
- Third Party Content Storage and Linking Dependencies. We store the Game Content associated with any CryptoLand NFT on a CryptoLand controlled servers of our third party storage provider. Additionally, the digital file of the Game Content is typically associated with the respective tokenized Digital Asset through IPFS using an IPFS node operated by a third-party service. We have no control over these third party services, including but not limited to our storage provider, IPFS, or the IPFS Node, nor can we guarantee that such services will always be available. If there is any failure of these services, you may not be able to view images associated with your CryptoLand NFT.
BY MAKING ANY PURCHASE USING OUR PLATFORM, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS, SUCH AS THE SMART CONTRACTS, THE BLOCKCHAIN, AND FUNGIBLE AND NON-FUNGIBLE TOKENS, INCLUDING THOSE REFERENCED IN THIS SECTION 7.
WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE PLATFORM OR YOUR DIGITAL WALLET, INCLUDING, BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR LOST PRIVATE KEYS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED DIGITAL WALLET FILES; OR (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING, OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, BLOCKCHAIN, OR YOUR DIGITAL WALLET.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRYPTOLAND OR ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS. THIS LIMITATION APPLIES TO ANY DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF CRYPTOLAND EXCEED $100, OR IF GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH CRYPTOLAND WOULD BE LIABLE UNDER APPLICABLE LAW. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN TWELVE (12) MONTHS AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION.
- You agree to indemnify and hold harmless CryptoLand and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, licensors, and agents from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to (i) any actual or alleged breach of these Terms by you or anyone using your Account, (ii) your use of the Platform, or (iii) User Content. If we assume the defense of such a matter, you shall reasonably cooperate with us in such defense.
- Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
- Alternative Dispute Resolution.
In consideration for our provision of the Platform to you, you and CryptoLand each agree that any and all disputes or claims arising under, out of, in connection with, or related to your use of the Platform, these Terms in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of these Terms, (a “Dispute”) must be resolved exclusively in binding arbitration. Notwithstanding the foregoing, a party may assert a claim in small claims court, if the asserted claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. These Terms, including the right to Arbitrate, is intended to be broadly interpreted and the Federal Arbitration Act governs the enforcement of these Terms to Arbitrate.
For any Dispute with CryptoLand, you agree first to contact us through our official ticket system at https://discord.com/channels/906307920864632893/950164414731026482 and attempt to resolve the Dispute with us informally. In the unlikely event that we do not resolve a Dispute informally, we each agree to resolve any claim, Dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules. The parties agree that the Governing Law and Submission to Jurisdiction in Section 13 below shall apply to this arbitration agreement. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.
- NO CLASS ACTION; NO JURY TRIAL
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- CryptoLand may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes through posting of such notice on the Platform. You agree that all agreements, notices, disclosures, and other communication we provide to you via the Platform to satisfy any legal requirement that such communications be in writing. We reserve the right to determine the form and means of providing notification to our users. Where legally required, we will send notice to the email address that you have provided as part of your Account.
- Governing Law and Submission to Jurisdiction. These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Dallas/Fort Worth and County of Dallas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
- Severability. Every provision of these Terms will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from these Terms, and all other provisions will remain in full force and effect.
- Waiver. Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. Our waiver of any default will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
- Headings; Summaries. The section headings and any plain English summaries appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
- No Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No Third-Party Beneficiaries. Other than as expressly provided in these Terms, no third-party beneficiaries are intended or will be construed as created by these Terms.
- Survival. All Sections which by their nature should survive the termination of these Terms shall continue in full force and effect, notwithstanding any termination of these Terms.
- Notices; Electronic Communications. CryptoLand may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes through posting of such notice on the Platform. You agree that all agreements, notices, disclosures, and other communication we provide to you via the Platform to satisfy any legal requirement that such communications be in writing. We reserve the right to determine the form and means of providing notification to our users.
- Contact. Please feel free to contact us at through our official ticketing system at https://discord.com/channels/906307920864632893/950164414731026482 to get answers for any questions regarding these Terms.