THE TERMS & CONDITIONS „LEGENDS OF ELYSIUM”
YOUR INSTALL, ENTRANCE OR USE OF THE WEBSITE, APPS OR SMART CONTRACTS CONSTITUTES YOUR AGREEMENTS TO THIS TERMS AND ANY FUTURE REVISIONS.
You are aware that DA GAMES does not guarantee any profits in connection with the acquisition of the LOE Tokens, and the distribution process of these Tokens is executed via automated smart contracts on the Polygon blockchain network. You are also aware that any content and information contained on the www.legendsofelysium.io Website and in the documents mentioned hereinabove are not and shall not be perceived as “an investment advice” or “an investment recommendation” or an intermediary in such activity. Moreover, you acknowledge and fully accept that the activities of DA GAMES do not in any way refer to investment, banking, insurance or reinsurance activities.
You are aware that there is a high risk associated with the operation of financial markets or markets related to virtual currencies (cryptocurrencies), in particular in terms of rapid price volatility in these markets, which may result in the loss of all means invested by you. In view of the above, you represent that the purchase of the LOE Tokens is solely your free will, which is preceded by an independently performed analysis of the project operating under the name “LEGENDS OF ELYSIUM”.
You understand that the blockchain technology is a new technology and you accept all market and technological risks related to the purchase and use of the LOE Tokens and services related to these Tokens, such as e.g., play-to-earn. You also represents that you are not a citizen of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Distribution Process of the Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts.
You acknowledge and accept that the right to withdraw from the contract in connection with the purchase of the LOE Tokens has been excluded, therefore all transactions of the purchase of the Tokens are final and there is no possibility of a refund.
§ 1. INTRODUCTION
The Terms and Conditions is provided by DA Games SRL and associates (jointly referred to hereinafter as “DA GAMES”, “we” or “us”) and covers usage of the Website www.legendsofelysium.io (referred to hereinafter as “the Website”) and our other websites, platforms, applications, products and services. Herein, we shall refer to you as “You” or “the User”.
www.legendsofelysium.io is a website, which allows to check the requirements to purchase tokens produced in the ERC721, ERC1151 or/and ERC20 standard (referred to hereinafter as “LOE ” or “the Token”) on the terms and conditions determined hereby, by the Website, the Whitepaper and other documents visible and accessible via the Website and their acquisition through third party applications partnered with the Service as of the date of acquisition of Tokens (e.g., Metamask). In addition, via the Website, the User has the option to create a User account (referred to hereinafter as “the Account”) by connecting third-party applications, eg. Metamask, Magic Link and providing the identification data required by DA GAMES, such as login and password.
1.3 LOE Tokens Purchase
The User acknowledges and accepts that DA GAMES manages www.legendsofelysium.io and You, by purchasing the Tokens as a part of the blockchain network (Polygon or equivalent), establish a relationship on a basis of other terms and conditions or terms and conditions of service provision, including especially, but not only, information and documents available on websites www.polygon.technology and/or www.metamask.io or others to which the Website is currently redirected, to make payment for the Token. Thus, the User acknowledges and accepts that purchasing the LOE Tokens does not refer to any a transaction or conclusion of any agreement directly with DA GAMES. Conclusion of an agreement on service provision by electronic means between DA GAMES and the User takes place as a result of registering the Account for a particular User, pursuant hereto.
You expressly acknowledge that your receipt, purchase, or possession of Crypto Assets does not give you any rights in or claims against DA GAMES, that Crypto Assets are not a financial or investment instrument of any kind, that Crypto Assets may not have any real-world monetary value whatsoever, and that DA GAMES is not responsible for any value attributable to, or fluctuations or loss in the value of Crypto Assets.
In any way, the activity of DA GAMES does not refer to investments as investment funds. Based on information posted on the Website, the term “investment” or “investments” shall be defined only as the purchase of the Tokens or pursuing such buy. The activity of DA GAMES shall not be perceived as investment advising or investment recommendations, or intermediation in such advice or recommendation, or managing of any assets relating to the Tokens.
§ 2. DEFINITIONS
2.1 DA GAMES
DA Games SRL (Registration No.: 3-102-882744) with its registered office at Plaza Florencia no. 10, San Rafael, Escazu, San Jose, 10203 Costa Rica.
Shall mean these Terms & Conditions.
Natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law applicable in the place of temporary or permanent residence, who familiarize him/herself with the information posted via the Website.
2.4 User Content
Shall mean all the non-personal data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software.
Collections and competences assigned to the User within the scope of the Website, includes data necessary for authorisation (including in particular, but not only – wallet address on Metamask, Magic Link) and for using some services accessible via the Website (e.g. metaverse applications, games).
2.6 Service / Services
Use of the DA GAMES’s metaverse applications, games, website (including Website), smart contracts and related services. The Users will be able to access online gaming services and interactive games produced by the DA GAMES and including the features available within games. Within Service, Users may earn virtual game-specific items or abilities represented by certain Crypto Assets. Users may also purchase Crypto Assets via a third party marketplace accessible within Service. User shall have control over their DA GAMES Crypto Assets and are able to sell, or purchase DA GAMES Crypto Assets on any compatible marketplace.
An Internet website under the domain: www.legendsofelysium.io.
2.8 Crypto Assets / LOE Token / Tokens
A term referring to the cryptocurrency tokens issued in the blockchain technology including Non Fungible Tokens (NFT), the detailed operating conditions of which are described in the documents provided by the DA GAMES on the Website.
A document specifying terms and conditions of the Website and Tokens functioning. The document is available at the Website.
2.10 Token Distribution Process
Refers to the issuing process of the Tokens using blockchain technology, as part of which it is possible to purchase the Tokens by the User.
2.11 Intellectual Property Rights
Means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world.
2.12 Restricted Content
Means any content or term that: (i) promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.); (ii) promotes or is related to tobacco, gambling or weapons; (iii) is related to pornographic or obscene material; (iv) is related to excessively graphic or explicit violence; (v) is defamatory, inappropriate or profane; (vi) is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; (vii) promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of DA GAMES, any User, or any other third party.
A set of activities as a result of which information on a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk.
2.14 Information and Communication Technologies (ICT) System
System of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.
2.15 Wallet 3rd Party Terms and Conditions
By creating an account users adhere to 3rd party Terms and Conditions:
2.15.1 “Metamask” login – https://community.metamask.io/tos
2.15.2 Other form of login – https://magic.link/legal/terms-of-service
§ 3. GENERAL PROVISIONS
Natural persons, legal persons and other organizational units to whom law assigns legal capacity may enter the Token Distribution Process. The age of majority is determined by law of the country in which the User lives, and the minimal age is 18 years old. Using the Website is free of charge.
3.2 Terms and Conditions
By joining the Token Distribution Process, the User confirms that he/she has read the Terms and Conditions, the Whitepaper, and in particular the mechanisms of software functioning and applications based on the blockchain technology, and the risk of losing all invested funds. The Terms and Conditions constitute a binding agreement between the User and DA GAMES and apply to all Users who access or use the Website (also by simply browsing the content posted via the Website).
Headings are purely ordinal and may only support the interpretation and clarification hereof. A reference to documents is a reference to the relevant document and any subsequent amendment or modification thereof, unless otherwise stated in the content of the reference. Here, unless the context requires otherwise: (i) words describing a kind refer to all kinds; (ii) singular words refer to also as plural, and plural words refer to also as singular; (iii) capitalized words refer to definitions in (II) hereof. The content of the Whitepaper affects the interpretation of the provisions hereof, and these documents are treated as mutually explanatory.
Any information presented by DA GAMES does not constitute an offer within the meaning of the relevant legal regulations, nor does it constitute a calculation for such offer, and is for informational purposes only.
The Account may be created by the User. Account registration is free and voluntary (optional), but necessary to use some of the functionalities available within the Website in the field of using the play-to-earn function and using the LOE Tokens. In order to create the Account, the User is obliged to provide the required information contained in the registration form on the Website, including in particular the login and password, and is also required to connect the Account with his/her wallet (e.g., Metamask or Magic Link), in accordance with the information available in the Account registration form. The registration of the Account takes place only via the Internet (online). By creation of an account users adhere to 3rd party provider Terms and conditions as detailed in paragraph 2.15
3.4 Prohibited jursidictions
Use of the Services may be territorially restricted. DA GAMES offers access to the Services in accordance with local law. DA GAMES does not allow the use of the Services by Users in particular under the jurisdiction of: Afghanistan, Libya, Serbia, Belarus, Somalia, Cuba, Sudan, South Sudan, Democratic Republic of the Congo, North Korea, Burundi, Syria, Egypt, Republic of Guinea, Bissau, Tunisia, Eritrea, Iran, Central African Republic, Venezuela, Iraq, Myanmar, United States, China, Yemen, Lebanon, Russia, Zimbabwe. The DA GAMES reserves the right to choose, limit or refuse to provide services in a particular jurisdiction at any time.
3.5 Representations on the Token Distribution Process
The User represents that as a part of the Token Distribution Process, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Token Distribution Process only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. Also, the User represents that the financial means used to join the Token Distribution Process have legal sources. The User acknowledges and accepts that the LOE Token is not:
1. a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate within the meaning of the relevant national law at the place of the headquarters of DA GAMES,
2. a packaged retail investment product within the meaning of Article 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.
3.6 Representations on Activities of DA GAMES
The User represents that he/she fully accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that:
1. The Token Distribution Process is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the activities of DA GAMES are not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts,
2. DA GAMES does not mediate in any way in the transaction of purchasing the Tokens, therefore it shall not guarantee that the Token Distribution Process, as well as the acquisition of Tokens itself, will bring the User expected outcomes, results or economic or financial benefits. At the same time, the User represents that DA GAMES have not guarantee him/her such results.
3. By purchasing Tokens or by joining the Token Distribution Process, the User does not join in any way DA GAMES, does not form a company with DA GAMES, and does not acquire corporate rights in DA GAMES company and does not enter into a similar legal relationship with DA GAMES, including e.g., a joint venture.
Furthermore, the User acknowledges and accepts that DA GAMES does not offer any services related to securities, and that DA GAMES is not an entity transferring any money to Users or other persons or third parties. DA GAMES does not provide investment, financial, tax or legal advice. Any information and applications posted on the Website do not constitute investment advice, financial advice, commercial advice or any other type of advice.
3.7 External Services and Content
The DA GAMES, in cooperation with the third-party providers, may provide Users with additional services and content on the Website. Terms and conditions for the provision of electronic services as part of those websites are set out in the individual regulations of the websites. Using additional services and content requires reading and accepting their terms and conditions. In the event of a conflict between hereof and terms and conditions of additional services and content, the provisions of individual websites shall apply. In matters not covered by provisions of individual websites, the provisions hereof shall apply.
3.8 KYC/AML Veryfication
DA GAMES or entities cooperating with it as part of activities performed by the User on the Website or in connection with the acquisition of Tokens or entering the Process may verify the User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory premises, also in accordance with the internal security procedure.
§ 4. LOE TOKEN
4.1 General Information
The User, via the application and third-party websites, in particular via the Polygon blockchain network, obtains the possibility of purchasing Tokens as a digital representation of the value generated in the blockchain network. Details on the method of purchasing the Tokens and their value expressed in the price – each time determined by third parties or websites of these third parties, e.g Metamask (www.metamask.io), with respect to your payment for the acquisition of these Tokens. The purchase of Tokens entitles Users to obtain benefits specified in particular in the Whitepaper, subject to the provisions hereof.
4.2 LOE Token
The Token is a form of value that has been generated in the Polygon blockchain network in the ERC721/ERC1151 or ERC20 standard. DA GAMES, subject to the terms and conditions set forth in the Whitepaper or on the Service, also reserves the right to provide the User the opportunity to acquire ERC20 Tokens on Polygon’s blockchain network on an analogous basis. The collection of the Tokens by the User takes place immediately via the blockchain network, after the correct payment by the User pursuant to 4(1) herein. All information about the Tokens is posted on the Website in a place visible to the User or via the websites of third parties to which the Website redirects.
At the same time, due to the fact that the process of purchasing Tokens is in no way dependent on the activities performed by DA GAMES, as well as due to the close connection of the Tokens with financial markets over which DA GAMES has no control, the User acknowledges and accepts that the rights to withdraw from the agreement within the meaning of withdrawing from the purchase of Tokens shall be excluded. The User acknowledges and accepts that all transactions related to the purchase of Tokens are final and it is not possible to return the acquired (purchased) Tokens.
Each User obliges to use the Website in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords and personal access keys to the Tokens against third parties’ access.
4.4 Unauthorized Access
DA GAMES does not in any way process or store access data enabling the management of the Tokens, including Users’ private keys. The User is obliged to protect data used to access the Tokens, including data necessary to access the third party’s application eg. Metamask (www.metamask.io) because in the event of their loss DA GAMES shall not recover the data. In the event of loss of access data, including in particular private keys, the User may lose all acquired Tokens, assigned to a given wallet address, for which DA GAMES shall not be liable.
Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Tokens belonging to the User are not the liability of the DA GAMES.
4.5 LOE Tokens Taxation
The User is obliged to determine how and according to which legal acts the taxation shall be carried out in connection with the purchase of the Tokens and to pay the tax to the competent tax authorities for a particular User. DA GAMES is not liable in any way for incorrect tax settlement of the User due to the purchase of the Tokens.
4.6 Knowledge of the Blockchain Technology
The User represents that he/she is familiar herewith, Whitepaper as well as the Token Distribution Process and its mechanism, also the User has obtained all necessary information and data that he/she considers sufficient to decide on purchasing the Tokens, and that he/she has extensive knowledge in the field of functioning, use or usability of software and applications based on the blockchain technology. All transactions for the purchase of the Tokens are executed automatically, based on the User’s decisions and his/her orders. The User is solely responsible for determining whether the decision to purchase the Tokens is proper. If the User has doubts about the functioning of the blockchain technology, cryptocurrencies or the rules for purchasing the Tokens, he/she should contact legal, tax or investment adviser before taking any action on the Website.
§ 5. PAYMENT FOR THE LOE TOKEN
5.1 Value of the Accounting Unit
The User declares that the accounting unit for the acquisition of the Tokens, in connection with the entering the Token Distribution Process, are cryptocurrencies, each time specified by third parties or websites of these third parties, e.g., Metamask (www.metamask.io), which enable the purchase Tokens in the Polygon blockchain network via ICT network.
5.2 Fee and Transaction Time
The fees are determined each time by third parties or websites of these third parties (e.g. Metamask or equivalent), enabling the purchase of the Tokens. By purchasing the Tokens, the User undertakes to pay the current fees:
1. for the Token – the amount of which depends on the moment when the User purchases the Token and the number of Tokens purchased by the User, in accordance with the information provided on the Website;
2. any other necessary fees for the delivery of the Tokens to the User including in particular, but not only, blockchain network fees and third party service fees.
The delivery of the Tokens to the User takes place immediately, provided that the User makes the correct payment pursuant to hereinabove. The process is executed automatically, without the possibility of changes or modifications. DA GAMES indicates that the process of delivering the Tokens in exceptional cases may be extended to a maximum of 48 hours in the event of situations beyond the control of DA GAMES, such as e.g., failure of the Polygon blockchain network.
§ 6. RESTRICTIVE MEASURES AND COMPLAINTS
6.1 Reporting Violations
The User or third parties may refer to DA GAMES regarding possible violations of the provisions hereof, the Whitepaper or violations of the use of the www.legendsofelysium.io Website. Any violations in the scope of the purchase of the LOE Tokens should be directed only to third parties providing services of the acquisition of these Tokens in the blockchain network, in accordance with the information provided, out of many at www.polygon.technology. All reports to DA GAMES should be sent to the e-mail address: [email protected].
6.2 Violations Results
Any violation of provisions hereof may result in, appropriately to the scale of damage: / warning;
– a temporary suspension of the Account, i.e., prevent accessing the User Account;
– deletion of the Account, which is understood as termination of the agreement on service provision by electronic means;
Notwithstanding with DA GAMES’s other remedies, if DA GAMES considers that the User violates this Agreement or law, DA GAMES may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or/and the Website or parts of it. DA GAMES shall not be obliged to compensate the User loss of the Account and other benefits and privileges relating to use of the Services and lost due to the aforementioned DA GAMES’s decision. DA GAMES may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service or/and the Website, if DA GAMES considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against DA GAMES or its affiliates. DA GAMES has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. DA GAMES shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the Service’s discontinuation. DA GAMES may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.
6.3 Standard Report
DA GAMES replies to the report of the User or a third party by electronic means, generally within 14 (say: fourteen) working days from the date of receipt of the report. A response to the report shall be sent to the e-mail address provided by the User or a third party in the e-mail message. DA GAMES reserves that the examination of the report may require additional explanations from the User or a third party – in such a situation the duration of a response from DA GAMES shall be extended accordingly each time.
The Users and third parties may submit complaints to DA GAMES regarding the functioning of the Website (in the scope of the Account, regarding service provision by electronic means), as well as appeals against the decisions of DA GAMES. Reports shall be sent directly to DA GAMES at the e-mail address [email protected]. The report shall include:
DA GAMES informs the entities submitting complaints about recognizing the complaint by electronic means to the e-mail address provided by the reporting entity, immediately, but not later than within 14 days from the date of receipt of the notification. Processing of a complaint may require obtaining additional explanations and clarifying information from the reporting entity. The reporting entity is then obliged to provide all necessary information and answers. The time for the reporting entity to provide answers to additional questions or information, each time extends the time limit for processing (completing) a particular complaint report.
6.5 Consent to Contact in the Electronic Form
Submitting the complaint electronically by the User or a third party to DA GAMES is understood as a consent to receive a response from DA GAMES in the electronic form.
§ 7. LIABILITY OF THE DA GAMES
7.1 Duty of the DA GAMES
The DA GAMES supervises the technical functioning of the Website and Services on an ongoing basis, ensuring its correct operation. However, the DA GAMES does not guarantee the constant availability of all functions of the Website and Services, as well as their error-free operation.
7.2 Exemption of Liability
The User uses the Website and Services voluntarily, at own risk. As far as it is permitted by law, DA GAMES is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from DA GAMES’s gross negligence or willful misconduct or from death or personal injury arising from DA GAMES’s any negligence or fraud. This Agreement does not affect any statutory rights of consumers. The User undertakes to indemnify, defend and hold DA GAMES (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service and the Website, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
7.3 Standard Report
The DA GAMES has the right to block access to the Website or individual functions in the event of irregularities in the use of the Website, in particular in the event of circumstances that could harm the User or the DA GAMES. The DA GAMES shall not be liable for the temporary suspension of access to the Website for the period necessary to remove any threats or irregularities.
DA GAMES shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond DA GAMES’s reasonable control, including labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.
§ 8. INTELLECTUAL PROPERTY RIGHTS
8.1 Competent Entity
DA GAMES is owner and shall have all rights to the Website, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with: (i) Metaverse application, games and Service – including without limitation any games, titles, smart contracts, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a DA GAMES game client, and the DA GAMES game clients and server software; (ii) Accounts – the User shall have no ownership or other proprietary interest in the Account; (iii) Trademarks, service marks and logos contained in the Services and/or the Website, excluding the content provided by third-party providers.
The non-exclusive license granted to the User does not authorize the User to grant further licenses. Furthermore, the User is not authorized to act outside the scope of the license. Transferring the content of the Website to third parties is allowed only with the use of tools contained on the Website and intended for this purpose.
The User has no right to reproduce, sell or otherwise market or distribute the source code of the Website or the source code of a particular Product, in whole or in part, in particular to send or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.
The DA GAMES declares that it is an entity authorized in the field of copyright to works related to individual non-fungible tokens (NFT). DA GAMES, in connection with the User’s purchase of non-fungible tokens, grants him/her a non-exclusive license, unlimited in time and territory, to use the work in a form of the token in the following scopes of use: (i) recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology; (ii) in terms of trading in the original or copies on which the work was recorded – trading, lending or renting the original or copies; (iii) disseminating the work by public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and time chosen by him/her.
8.4 Non-convertible Tokens Transfers
The Licensee (User) may, within the scope of his authorization, grant further sub-licenses for which the Licensor (DA GAMES) agrees. Sub-licenses shall be granted in the case of transfer of the Tokens in the manner specified herein. The remuneration for granting a license and further sub-licenses is included in the purchase price of NFT tokens for the original purchase of the Token.
Along with the termination of the Agreement, the granted licenses are terminated with a 7-day notice period. For the use of the work after this period, the Service Provider shall be entitled to charge additional remuneration. All provisions regarding the granted license, set out in this section, also apply to further sub-licenses granted by Users.
8.6 Breach of the License Terms and Conditions
In the event of a breach by the User of the terms and conditions of using the Website or the licenses granted, the DA GAMES shall be entitled to block the User’s access to the Website and revoke the granted license. The above does not prejudice the DA GAMES’s right to take other appropriate and legal actions in connection with the breach.
§ 9. USER CONTENT IN THE METAVERSE APPS AND GAMES
9.1 User Statement
The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by DA GAMES in accordance with its policies. DA GAMES has the right to monitor, record or store the User’s interactions with the Services, DA GAMES or other players while the User is using the Services (including without limitation communications through in-game text or video chat). DA GAMES may also edit, refuse to post, or remove any User Content. However, DA GAMES shall not be liable for any User Content; the only subject liable for the User Content is the User.
The User uses the Services for the User’s own risk. DA GAMES shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with DA GAMES’s other remedies set forth in this Agreement or by law, the User shall compensate to DA GAMES any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
9.2 License to User Content
User hereby grants DA GAMES an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles DA GAMES to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:
1) any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
2) any transactions with the User Content’s original and copies made in accordance with point i) – placing them on the market, renting, lending;
3) any other distribution, including: (a) any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services; (b) any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter (i); (iii) any public performance, display, exhibition, and in relation to User Content computer program layer also in the following fields of use: (a) permanent or temporary duplication of the software in whole or in part, by any means and in any form; (b) distribution, including lending or rental of software or a copy thereof.
9.4 Waiver of rights
The User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law. DA GAMES does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
§ 10. ADDITIONAL PROVISIONS
10.1 Technical Requirements
To use the Website, the User shall meet the following technical requirements:
DA GAMES shall ensure the operation of the ICT system in a form of the Website, in such a way as to prevent unauthorized access to the content, in particular using cryptographic techniques.
10.3 Technical Breaks
DA GAMES reserves the right to temporarily or permanently terminate or limit activity of the Website. In particular, DA GAMES is entitled to conduct maintenance work of the Website to restore security and stability of the ICT system. Accordingly, the User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to the Website.
10.4 Other Websites of Third Parties
DA GAMES exercises due diligence to specify unambiguously and identify pages and websites managed by third parties that offer separate services or a service, not related to the activities of DA GAMES, pursuant hereto. However, DA GAMES is not liable for the content, subject and the relationship established with another entity by the User. In such a situation, the User should each time exercise due diligence to determine with which entity the possible relationship is being established and to which website of the third party the User has been redirected using the Website.
§ 11. FINAL PROVISIONS
11.1 Terms and Conditions Enters into Force
DA GAMES has the right to amend hereto at any time. In such a situation, DA GAMES shall inform about changes hereto in a visible place on the Website, including in particular by posting a new version hereof on the Website.
11.2 Additions and Information Included Herein
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and DA GAMES. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact DA GAMES pursuant to provisions 6 hereof.
If the above provisions are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of a registered office of DA GAMES. At the same time, the User acknowledges and accepts that disputes arising here from may only be considered on the basis of an individual case of the User. In no way is DA GAMES obliged to settle disputes as collective cases or collective actions.
The User acknowledges and accepts that the DA GAMES may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.