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.
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.
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.
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:
If you are not authorized to use the Platform under this Section 2.6, you are deemed a “Disqualified Person” under these Terms.
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.
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.
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.
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.
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.
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.
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