Welcome to the Terms of Use (“Terms”) for the website clashofcoins.com(“Website”), the Clash of Coins game (“Game”), and all content and functionalities accessible via our Website and the Game (collectively, the “Services”), in each case operated by or on behalf of OWB Studio Inc. (“Company,” “we,” or “us”), a British Virgin Islands corporation.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
You must be at least 18 years of age to access and use our Services. Individuals under the age of 18 may only access and use our Services with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms. Subject to applicable age ratings or restrictions, you may create an account only if (i) you are 18 years of age or older and a “natural person” in your country of residence, or (ii) in regions where the minimum legal age is different from the above, you meet the legal age requirement in your jurisdiction. If you do not meet these age requirements, you are not permitted to access or use the Game (as defined below) and/or other Services. You cannot use the Services if (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States, British Virgin Islands, UK or EU government. Further, if you use the Services, you may not transfer or provide to us any currency, digital assets, or other items that have been derived from any illegal or unlawful activity. We reserve the right to request information which is necessary for Anti-Money Laundering (“AML”), Counter Financing of Terrorism (“CFT”), and Know Your Customer (“KYC”) compliance purposes and to limit and/or restrict access to Services accordingly if required by law. By accepting these Terms, you represent and warrant that you meet these eligibility requirements.
The Services offer a unique gaming experience via the Game and other related experiences through the combination of traditional core game and blockchain mechanics (“Clash of Coins Experience”). The Clash of Coins Experience is driven by a token — “OWB.” OWB serves as the native in-game currency used for in-game economic interactions, such as purchasing boosters, game items and other in-game assets. Further details on the Clash of Coins Experience, including the uses of OWB token, are available at docs.clashofcoins.com and may be updated by us from time to time.
The Services provide access to an In-Game Store (“Store”) for you to purchase Game-related items such as loot boxes, boosters and other items (collectively with other Game-related assets, attributes, or characteristics, whether or not transferable or tradeable, “Game Items”). Game Items can be used in the Services in various ways that we make available, such as to represent in-game assets that you can use while you play the Game. We make no promises or guarantees regarding the functionality, utility, or value of any Game Items, and such Game Items may evolve and change as we further develop and/or modify the Game and the Clash of Coins Experience.
Your purchase of Game Items may be accompanied by non-fungible tokens (“NFT’s”), and your ownership of these NFT’s is tracked via the blockchain (“Game NFT’s”). Your ownership of these Game NFT’s will give you certain rights and privileges within the Services, for as long as we make the Services and such rights and privileges available to you. You are responsible for all payments, fees, and costs when engaging in any transactions involving Game NFT’s, including, without limitation, the purchase price, transaction fees, fees associated with your secondary or subsequent sales of Game NFT’s, and all other fees associated with your use of the Game NFT’s via the Services.
In our Store, you are able to buy Game Items and other Services related offerings (“Offerings”) directly from us. To facilitate transactions via the Store, we have integrated with one or more third-party exchanges and services, or other decentralized smart contract protocols. These protocols facilitate the exchange of cryptocurrency and other assets through the blockchain. We do not own or control these third-party or decentralized services, we do not control the transfer of cryptocurrency or digital assets, including Game NFT’s, using these third-party services or decentralized services, and we do not have the ability to cancel or reverse transactions via the Store. Except as may otherwise be provided in these Terms, we do not control or endorse purchases or sales of Game NFT’s or other Offerings outside of the Services. With respect to Game NFT’s or Game Items that are not sold directly by us, we are not a party to any agreement entered into between an end user buyer and a seller. Other than with respect to items sold directly by us, we have no control over the conduct of buyers, sellers, and any other users in relation to any out-of-Store sales.
To use some of the Services, you need to link a compatible third party digital wallet (“Digital Wallet”). A list of supported wallets may be displayed by us, such as on the Website. Linking a Digital Wallet to the Services is required to be able to purchase, store, and engage in certain transactions using the Services, such as to connect your Game NFT’s and OWB tokens with the Services. We may not be able to help you recover assets associated with your Digital Wallet, as these are non-custodial wallets in your control. We do not own or control the assets associated with your Digital Wallet. We accept no responsibility or liability to you in connection with your use of a Digital Wallet and make no representations or warranties regarding how the Services will operate with any specific Digital Wallet. The private keys, credentials, passwords, seed phrases, or secret recovery passphrases necessary to decrypt or gain access to a Digital Wallet are held solely by you, and not by us. If you choose to transfer items from one Digital Wallet to another, such transfers will occur on the public blockchain and we accept no liability or responsibility for any such transfer, including for any loss, data corruption, or other negative impact that may occur to your Offerings or Digital Wallets or other assets when attempting to transfer assets between Digital Wallets. Digital Wallets are not associated with, maintained by, controlled by, or affiliated with us. If you have any issues with your Digital Wallet, please contact the applicable provider. We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the operation of any Digital Wallet with the Services. You represent and warrant that you are the lawful owner of any Digital Wallet and that you are using that Digital Wallet under the terms and conditions of the applicable provider of the Digital Wallet and in compliance with applicable laws and regulations.
We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings sold by us, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offerings prices to the Services. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offerings descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time.
You acknowledge and affirm that you are acquiring Offerings, whether through the Store or otherwise through the Services, for purposes of use in connection with the Services and, in the case of the Game NFT’s, to play the Game or for other collectible purposes, and in each case not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of an Offering, OWB token or Game NFT is incidental to obtaining it for its use in connection with the Services or its collectible purpose.
ALL PURCHASES MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION (AND IN SUCH INSTANCES WHERE REQUIRED BY APPLICABLE LAW, THE COMPANY’S ABILITY TO ISSUE ANY SUCH REFUND IS LIMITED TO WHETHER THE APPLICABLE SMART CONTRACT 3 ENABLES THE COMPANY TO REASONABLY REVERSE OR CANCEL A TRANSACTION). NEVERTHELESS, YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT IN MOST CASES HAVE THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR TIME, ITEMS, AMOUNTS, OR VALUES IN A GAME ACCOUNT, EVEN IF AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at clashofcoins.com/privacy.
In connection with your use of the Services, you also agree to abide by the following other Services-related policies: our Discord Rules and our Community Guidelines (as presented to you if you join our Discord channel).
While your linked Digital Wallet will function as a unique identifier for you in respect of your use of certain portions of the Services, we may additionally require you to create an account in order to use certain portions of the Services (“Account”). To the extent that we require you to create an Account, we will provide you with instructions on how to do so, and once created, how to access, edit, and update your Account. In your creation, editing, or updating of any such Account, you agree to provide us with accurate, complete, and updated information. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account.
a.Software. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non transferrable, and non-exclusive license to access and use the software provided to you as part of the Services (and, to the extent we offer you any software for download as part of the Services, to download, install, and execute a single copy of such software onto the equipment or device specified or approved by us). This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms, and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Company, in its sole discretion, may elect to take.
b.Game NFT’s. When you purchase a Game NFT, you own the NFT as a token on the blockchain, but you do not own any intellectual property rights in the related Clash of Coins audiovisual assets, artwork, images for Game Items, and other Services-related content and content derived from the Services (“Content”) associated with such NFT except for the license grants expressly set forth herein. If you purchase or otherwise lawfully acquire a Game NFT, then subject to your compliance with these Terms, the Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content that is specifically associated with such purchased Game NFT, and solely for the following purposes:
1. For your own non-commercial and not-for-profit use within or related to the Services and not otherwise in conflict with these Terms or any other Services-related policies (e.g., not to create and sell merchandise related to such Content);
2. As part of the Store and any other marketplace that permits the purchase and sale of your Game NFT’s, provided that the marketplace cryptographically verifies that only the actual owner can display the Content in connection with their sale of their Game NFT; or
3. As part of a third-party website or application that permits the display, inclusion, involvement, or participation of your Game NFT, provided that the website/application cryptographically verifies each Game NFT’s ownership of the Game NFT to ensure that only the actual owner can display the Content, and provided that the Content is no longer visible once the owner of the Game NFT leaves the website/application. This license only lasts as long as you are the valid owner and holder of the Game NFT associated with the licensed Content. If you sell or transfer the Game NFT to another person, this license will transfer to such other owner or holder of the Game NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.
You may not do, or assist others in doing, any of the following, unless applicable laws or regulations prohibit these restrictions or you have obtained our written permission to do so:
a. Download, modify, copy, distribute, transmit, translate, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or other materials or information contained on, or obtained from or through, the Services, except as expressly authorized by section 13 above;
b. Duplicate, decompile, reverse engineer, disassemble, decode or derive source code from the Services (including any underlying idea or algorithm), or attempt to do any of the same, except if we have permitted you to do so;
c. Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed by Company on or through the Services, including to promote, advertise, market, or sell any third-party product or service or merchandise, except as expressly authorized by section 13 above;
d. Use, offer, promote, advertise, make available, and/or distribute the following or assist therein:
1. Cheats (e.g., methods, not expressly authorized by the Company to influence and/or facilitate the gameplay in an unfair manner, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods),
2. Automation software (bots) (i.e., any code and/or software, not expressly authorized by the Company, that allows the automated control of a Game or any other feature of the Services, e.g., the automated control of a character in a Game),
3. Hacks (i.e., accessing or modifying the software of the Services in any manner not expressly authorized by the Company),
4. Modifications (mods) not expressly authorized by the Company, or
5. Any other code and/or software, not expressly authorized by the Company, including third-party software, that can be used in connection with the Services and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
e. Engage in any activity that violates the integrity of the prices of assets in the Store;
f.Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;
g. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
h. Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
i. Use any unauthorized robot, spider, crawlers, or other automatic devices, process, software, or queries that intercept, “mine,” scrape, or otherwise access the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same, provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
j. Exploit a design flaw, undocumented problem, or program bug in the Services, including but not limited to creating, using, or transacting with any in-game item created or copied by such exploit;
k. Facilitate, create, or maintain any unauthorized connection to the Services including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (ii) any connection using third-party programs or tools not expressly authorized by the Company;
l. Allow another party/person/entity to access your account information or game session or otherwise share your account;
m. Attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy of the Services, any component thereof, or your rights to the Services to any other party in any way not expressly authorized herein;
n. Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
o. Use the Services for illegal, harassing, unethical, or disruptive purposes, including engaging in any conduct intended to disrupt or diminish the game experience for other players or disrupt operation of the Company’s Services in any way, including:
1. Disrupting or assisting in the disruption of any computer used to support the Services or any Game environment, or
2. Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Clash of Coins Experience of others, deliberate inactivity, or disconnecting;
p. Use the Services in such a way as to infringe the privacy, intellectual property rights, or other rights of third parties;
q. Violate any applicable law or regulation in connection with your access to or use of the Services; or
r. Access or use the Services in any way not expressly permitted by these Terms.
You are responsible for providing the computer, mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use any aspect of the Services. We do not guarantee that any aspect of the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that any aspect of the Services will be available in, or that orders for Offerings can be placed from, any particular geographic location.
a. WHILE RUNNING, THE SERVICES (INCLUDING THE GAME) AND COMPANY MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE’S MEMORY FOR UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD-PARTY SOFTWARE PROHIBITED BY THE “RESTRICTIONS ON YOUR USE OF THE SERVICES” SECTION ABOVE. IN THE EVENT THAT THE SERVICES DETECT AN UNAUTHORIZED THIRD-PARTY PROGRAM (a) THE SERVICES MAY COMMUNICATE INFORMATION BACK TO THE COMPANY, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DIGITAL WALLET ADDRESS, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) THE COMPANY MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THESE TERMS, WITH OR WITHOUT PRIOR NOTICE TO YOU.
b. Additionally, the Services may include a tool that will allow your computer system to forward information to the Company in the event of a crash of any aspect of the Services, including system and driver data, and by agreeing hereto you consent to the Company receiving and/or using this data.
c. If the Services detect the use of an Unauthorized Third-Party Program, your access to the Services may be terminated with or without additional notice to you.
The Services, including their “look and feel” (e.g., text, graphics, user interface, design, images, logos, icons, software), Content (including Game audiovisual assets and artwork), data, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content, defined below), including, without limitation, the exclusive right to create derivative works. All rights granted to you under these Terms are granted by license only and not by sale, and all of those rights are limited by and subject to these Terms. No other license or right is granted under these Terms, and no license or other rights will be created under these Terms by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of these Terms will be null and void.
The Company’s name and logo, the name “CLASH OF COINS”, the Company’s stylized “CLASH OF COINS” logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (“Trademarks”). Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. No license or right is granted under these Terms in the Trademarks, service marks, trade names, and logos associated with Clash of Coins. Any use of the Trademarks will inure to the sole benefit of the Company. You agree not to engage in any activity that could tarnish, dilute, or affect the validity or enforceability of the Trademarks or cause consumer confusion or diminish any goodwill relating to any Trademarks.
We welcome feedback, bug reports, comments, and suggestions for improvements to the Services. However, we ask that you do not send suggestions for creative ideas, designs, pitch portfolios, or other similar such materials (“Unsolicited Ideas”). We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may purely by coincidence be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”), such as user profiles, comments, user avatars, group names, sound files, images, music files, game assets, and other user generated content. By using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, 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 Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to us by providing the following information in writing:
a. Identification of the copyrighted work that is claimed to be infringed;
b. Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
c. Information for our legal team to contact you, such as an address, telephone number, and e-mail address;
d. A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
e. A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to contacts@clashofcoins.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others when using the Services.
Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
The Company (or a third party on the Company’s behalf) may deploy or provide patches, updates, and modifications to the Services that must be installed for you to continue to use the Services. The Company may update the Services remotely, including, without limitation, any aspect of the Services residing on your computer or game machine, without your knowledge or consent, and you hereby grant to the Company your consent to deploy and apply such patches, updates, and modifications as the Company, in its sole discretion, deems necessary or advisable. You also agree that the Company may change, modify, suspend, “nerf,” “buff,” discontinue, or restrict your access to any features, parts or content of the Services at any time without notice or liability to you.
As part of the ongoing development of the Game and the Services, the Company specifically reserves the right to perform platform-wide account wipes, which may affect but are not limited to in-game-earned Game Items, user progress and achievements.
You acknowledge and agree that the Company, in its sole and absolute discretion, may (i) stop providing support for or access to the Services at any time, for any reason or no reason, and (ii) terminate your right to use the Services and terminate these Terms immediately at any time without notice or liability to you, for any reason or no reason.
In the event of termination of these Terms or your rights or license granted hereunder, you must (i) cease to use the Services; (ii) immediately and permanently remove from all of your devices all aspects of the Services in your possession and control. Upon termination of these Terms for any reason, all licenses granted herein immediately shall terminate.
We may delete your Account if your Account is inactive. Your Account is inactive if you have not logged in your Account for a consecutive period of two (2) years. We will inform you at least forty-five (45) days before we delete your Account and you will have the possibility to prevent your Account from being deleted by logging into your Account and restoring your Account until the date set out in the information about the planned deletion. When we delete your Account, your personal data will be deleted or anonymized. For more information on how we delete your data, please see our Privacy Policy.
YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT, DATA, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. FOR CLARITY, WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE BLOCKCHAIN FUNCTIONALITY AND/OR THE EXECUTION OF SMART CONTRACTS AND/OR TRANSACTIONS THEREIN.
YOU ARE SOLELY RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR ANY DOWNLOAD OF CONTENT ASSOCIATED WITH THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU IF YOU ARE A VERIFIABLE RESIDENT OF THOSE JURISDICTIONS. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM, OR (II) $100 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content; or (e) your negligence or willful misconduct.
You acknowledge and agree that there are risks associated with purchasing and holding digital tokens and NFT’s (“Digital Assets”) and using blockchain technology. These include, but are not limited to, risk of losing access to Digital Assets due to loss of a PIN, wallet keys, seed phrases, two-factor authentication devices, or log-in information, user error when transferring Digital Assets, custodial error or purchaser error, smart contract error, risk of blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. You acknowledge that you have obtained sufficient information to make an informed decision to purchase a Digital Assets, including carefully reviewing the code of the smart contract and the Digital Assets, and fully understand and accept the functions of the same. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services, and therefore the potential utility or value of your Digital Assets. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks, may have unintended, adverse effects on all blockchains, including any that are related to your Digital Assets.
You are solely responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. Except for income taxes levied on us, where applicable, you:
a. Will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Services or in relation to an Offering;
b. Will pay or reimburse Company for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and
c. Will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments (including transaction fees) made to us pursuant to these Terms.
NEITHER THESE TERMS NOR ANY OTHER COMMUNICATION FROM THE COMPANY CONSTITUTES TAX ADVICE, AND USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY, TAXES APPLY TO THEIR INTERACTION WITH OFFERINGS AND THE SERVICES.
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in operating the Services, when and to the extent such failure or delay is caused by or results from any events beyond the Company’s ability to control, including flood, fire, earthquake, epidemics, pandemics, quarantine restrictions, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown, shortage of adequate power or electricity, and other similar events beyond our control.
The laws of the British Virgin Islands shall govern the validity of these Terms, the construction of the terms herein and the interpretation of the rights and duties of the parties hereto.
Any controversies arising out of these Terms or their interpretation (“Disputes”), shall be settled through binding arbitration in the British Virgin Islands. By accepting these Terms, you irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. If arbitration does not apply, then the courts of the British Virgin Islands shall have appropriate jurisdiction. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The Company reserves the right to seek injunctive or other equitable relief from the courts as necessary and as provided in section 36 below.
a. No Class Arbitrations, Class Actions, or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
b. Notice. Each party to a Dispute will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice shall be sent as specified in the Contact Us section below. If the parties cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then party may, as appropriate and in accordance with this section 35, commence an arbitration proceeding or, to the extent specifically provided for in this section 35 and/or section 36, file a claim in court.
c. Process. Any arbitration will occur in Road Town, Tortola, British Virgin Islands, unless the parties agree otherwise. Arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the BVI IAC, which are hereby incorporated by reference. The courts located in the British Virgin Islands will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
d. Rules of the BVI IAC. The Rules of the BVI IAC and additional information about BVI IAC are available on the BVI IAC website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the Rules of the BVI IAC, or (ii) waive the opportunity to read the Rules of the BVI IAC and any claim that the Rules of the BVI IAC are unfair or should not apply for any reason.
e. Severability of Dispute Resolution and Arbitration Provisions. If any term, clause or provision of this section 35 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of section 34 will remain valid and enforceable. Further, the waivers set forth in section 35(a) are severable from the other provisions and will remain valid and enforceable, except as prohibited by applicable law.
By agreeing to be bound by these Terms, you acknowledge that the Services provided under these Terms and the rights and privileges granted to you by the Company under these Terms are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which may not be reasonably or adequately compensated by damages in any action at law, and the breach by you of any of the provisions of these Terms may cause the Company irreparable injury and damage. You expressly agree 15 that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of these Terms. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under these Terms or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
You and Company agree that any Dispute that has been submitted to arbitration, and all related proceedings, including any settlement agreement, shall be kept confidential. In the event you or the Company file the arbitration award with any court of competent jurisdiction in order to have that award confirmed in a court order or judgment, then each party shall take measures to the extent permitted by applicable law to redact or f ile under seal any highly sensitive business or personal information that appear in the award and any other supporting documents filed in such a proceeding.
We may, in our sole discretion, modify or update these Terms from time to time, and so you should review these Terms periodically and check the “Last Revised On” date at the top of these Terms. These Terms apply to and govern your access to and use of the Services and Website effective as of the start of your access to or use of the Services and Website, even if such access or use began before publication of these Terms. Your continued use of the Services and Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or any future Terms of Use, do not use or access (or continue to access) the Services and Website.
If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re registering for the Services under a different name or wallet address. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the deletion of or failure to delete Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
You may not use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). You warrant and represent that you are not located in, under the control of, or a national or resident of any embargoed country. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations. We do not claim, and we cannot guarantee that the Services will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any act by the Company to exercise, or failure or delay in exercise of, any of its rights under these Terms, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You must comply with all laws, rules, and regulations, now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services or the transactions contemplated in these Terms. Compliance with the aforementioned laws, rules, and regulations is your sole responsibility.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail notice, written or hard copy notice, or through posting of such notice on our website and/or social media, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to e-mail notifications we send to the e-mail address you provide us.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services. None of our employees, contractors or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees, contractors or representatives are expressly excluded from these Terms and will not apply to you or us or your use of the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
The section headings used herein are for reference only and shall not be read to have any legal effect.
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, immediately discontinue use of the video game and consult your doctor. Please also note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired or fatigued, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
You may contact us regarding the Services or these Terms by e mail at contacts@clashofcoins.com.