PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE HODL EARTH GAME APP OR THE HODL EARTH WEBSITE.
THESE TERMS GOVERN YOUR USE OF THE HODL EARTH GAME APP AND THE HODL EARTH WEBSITE. IT IS A LEGAL DOCUMENT AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND US.
YOU SHOW YOU HAVE ACCEPTED THESE TERMS BY USING THE HODL EARTH GAME APP OR THE HODL EARTH WEBSITE OR BY DEALING WITH HODL EARTH PLOTS OR SIMPLY BY CLICKING THE “I ACCEPT” BUTTON BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE HODL EARTH GAME APP OR THE HODL EARTH WEBSITE OR OTHERWISE DEAL WITH HODL EARTH PLOTS.
THE HODL EARTH GAME APP IS NOT INTENDED FOR CHILDREN (I.E. PEOPLE UNDER 18 YEARS OLD). PLEASE CONTINUE ONLY IF YOU ARE AGED 18 OR OVER.
INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. We are Blockchain Premise Ltd a company registered in England. Our company registration number is 11528874. Our registered office is at 4 Kinsbourne Court, Luton Road, Harpenden, AL5 3BL, England. In this document, we refer to ourselves as “we”, “us” or with similar terminology (such as “our”).
1.2 How to contact us. You can contact us by telephoning our customer service team at firstname.lastname@example.org or 4 Kinsbourne Court, Luton Road, Harpenden, AL5 3BL, England.
2.1 About HODL Earth™. HODL Earth™ is a distributed game application that runs on the Ethereum network. It uses special smart contracts (each a “Smart Contract”) to enable users (such as you) to own (see what this means in Clause 7.4), develop and transfer unique digital plots of land or airspace (each plot being a “Plot”) on, below or above a virtual planet Earth (known as “HODL Earth”). Each Plot is actually a string of digital code stored in a Blockchain on the Ethereum network – but you don’t need to know the technical stuff. That’s because each Plot on, below or above HODL Earth can be visualised on a website that you can interact with (known as the “Site”). The software used to make everything run, the Smart Contracts, the strings of digital code that make up Plots and the Site are collectively referred to in the Terms as the “Game App”. Using the Game App, you can use the Smart Contracts to acquire, develop and trade Plots with other Game App users using mechanisms as explained in the FAQs and you can view your Plots using the Site.
2.3 Main restrictions: You warrant and represent that:
2.3.1 you are 18 years old or over;
2.3.2 you are a consumer (and not a business); and
2.3.3 you are entering into this agreement for and on your own behalf alone (and not on behalf of anyone else).
3.1 Plots. We have used Smart Contracts to develop an initial set of Plots which exist at the ground level of HODL Earth (each a “Ground Level Plot”). We will release all Ground Level Plots which will be available for purchase on the day we first launch the Game App. There are approximately 4 x 1013plots. We may also release Plots which exist below the ground level of HODL Earth or above the ground level of HODL Earth (each a “Non-Ground Level Plot”) in accordance with timing and rules which may be determined as we set out in the FAQs.
3.2 Plot Purchases. All Plots which are newly released and available for purchase will be able to be purchased on a first-come first-served basis based on payment-received timing. More details about this are set out in the FAQs.
3.3 Limit on Plots. Our Smart Contracts enforce a hard limit of approximately 4 x 1013 Ground Level Plots. The limit on Non-Ground Level Plots may be determined and set at a later date either by us or by a vote of the users that own plots. More details about this will be set out in the FAQs.
3.4 Development of Plots. A Plot can be developed by the user that owns it (see what this means in Clause 7.4), as described in the FAQs. An example of such development might be by colouring the Plot a particular colour or (as functionality for HODL Earth develops) building digital buildings on a Plot. Plots can therefore be customised and individualised by their “owners”.
3.5 It’s up to you: Whether and how you develop your Plot is entirely up to you. Whether and how you trade your Plot is entirely up to you. You may sell your uncustomised or customised Plot through one of the allowable platforms and mechanisms (as described in the FAQs).
4. SOME IMPORTANT THINGS TO KNOW BEFORE USING THE GAME APP
4.1 Transaction fees. On a sale of a Plot, transaction fees will be payable as set out in the FAQs. We have designed these transaction fees so that they are split between “owners” of all Plots, based on the proportion of Plots “owned” by any user out of the total number of Plots available – and some may go to charity. How these are split at any point is described in detail in the FAQs.
4.2 User to user Plot sales. A Plot can be sold (or gifted or otherwise disposed of) by a user to another user – where the price for that Plot must be agreed between the users themselves (although that may be zero) (see the FAQs for more detail about this.)
4.3 NOTE THE FOLLOWING: HODL EARTH IS A GAME TO ILLUSTRATE THE USE OF NEW BLOCKCHAIN TECHNOLOGY IN A GAME ENVIRONMENT AND TO EDUCATE ABOUT CRYPTOCURRENCY TRANSACTIONS USING SMALL PAYMENTS AND MICROPAYMENTS – IT IS NOT AN INVESTMENT. IT SHOULD NOT BE VIEWED AS AN INVESTMENT. ACCORDINGLY, PLEASE NOTE THAT, ALTHOUGH YOU MAY BE USING REAL-WORLD MONEY TO TRADE AND OTHERWISE DEAL WITH PLOTS:
4.3.1 THERE IS NO GUARANTEE THAT A PLOT IS ACTUALLY WORTH ANYTHING AT ALL;
4.3.2 THERE IS NO GUARANTEE THAT THERE WILL BE ANY TRANSACTION IN RESPECT OF A PLOT OR THAT A PLOT CAN BE TRADED OR RE-SOLD OR THAT ANYONE WILL WANT TO BUY OR DEAL WITH A PLOT.
4.3.3 PLOTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS OR THE ETHEREUM NETWORK.
4.4 Things you must accept, note and acknowledge. You accept, note and acknowledge each of the following:
4.4.1 Lack of real-world substance. The Game App does not store, send, or receive Plots. This is because Plots exist only by virtue of the “ownership” record maintained on the Game App’s supporting blockchain in the Ethereum network. Any transfer of Plots occurs within the supporting blockchain in the Ethereum network, and not on the Game App. Please note the risk.
4.4.2 Price volatility of Blockchain assets. The prices of blockchain assets (such as Bitcoin, Ethereum and Plots) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of Plots, which may also be subject to significant price volatility. It is entirely possible that purchasers of Plots will lose money. Please note the risk.
4.4.3 Risks of using a cryptocurrency. There are risks associated with using a cryptocurrency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your digital wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused. You are responsible for the safeguarding of your Plots and your digital wallet. You accept and acknowledge that we are not responsible for any loss arising from the method you choose to store any Plot (for example, your choice of wallet provider) and you acknowledge that we are unable to recover lost Plots, wallet passwords or similar, should you lose them. Please note the risk.
4.4.4 Effect of lack of use or public interest. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the HODL Earth ecosystem, and therefore the potential utility or value of Plots. Please note the risk.
4.4.5 Effect of regulation of blockchain technology. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the HODL Earth ecosystem, and therefore the potential utility or value of Plots. Please note the risk.
4.4.6 Changes to Ethereum technology. Upgrades by Ethereum to the Ethereum platform or a change in how transactions are confirmed on the Ethereum platform or a fork in the Ethereum platform, may each have unintended, adverse effects on all blockchains using the ERC-20 or ERC-71 standards, including the HODL Earth ecosystem. Please note the risk.
4.4.7 Taxes are your responsibility. You (and not us) are solely responsible for determining what, if any, taxes apply to your Plot-related or other HODL Earth-related transactions. We are not responsible for determining the taxes that may apply to your transactions or dealings on or with or using the Game App, the Site, or the Smart Contracts. Please note the risk.
4.4.8 WE HAVE ONLY LIMITED RESPONSIBILITY TO YOU:PLEASE READ CLAUSE 12CAREFULLY. IT SETS OUT THE SCOPE OF OUR RESPONSIBILITY TO YOU AND THE MANY EXCLUSIONS AND LIMITATIONS OF THAT RESPONSIBILITY. PLEASE NOTE THE RISK.
5. THE GAME APP
5.1 What you need to use the Game App. To use the Game App, you must first create an identity to enable a digital connection of ownership between you and any Plots you choose to purchase. It is envisaged most users will use an Ethereum compliant digital wallet, provided by a third-party such as Metamask or MyEtherWallet, to ‘store’ their Plots.
5.2 Creating a Game App account. You may be required to complete registration information to create an account for the Game App, to enable additional features beyond basic Plot ownership or to pay for Plots using fiat currency. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your digital wallet (and other digital wallets and accounts). If you become aware of any unauthorised use of (or dealing with) your password or of your account with us or digital wallets or Plots, you agree to notify us immediately at email@example.com. You are responsible for all dealings using your Game App account (so keep your password details safe).
5.3 Your Game App account. The Game App will only recognise you as a user, and you will only be able to interact with the Game App, if you connect your Ethereum-compliant digital wallet to Smart Contract(s) that facilitate the sale and purchase of Plots.
5.4 Use of fiat currency and cryptocurrency. Creating an account as set out in Clause 5.2will allow you to use real-world currency (known as fiat currency) to purchase the AAA Reserve cryptocurrency, which will then be used to complete your purchase of any Plot. See www.aaareserve.com for more details about AAA Reserve currency, and the FAQs for more detail about this.
5.5 Legitimate purchase routes. You will not be asked (or be able) to purchase or engage in transactions concerned with Plots other than through the Game App and/or Smart Contracts maintained or operated by us. The FAQs contain more detail about this.
5.6 Use of the Ethereum blockchain. Transactions that take place using and in relation to the Game App are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction using or in relation to the Game App or a Plot.
5.7 What we do not control. We neither own nor control any digital wallet, any software you use to deal with the Ethereum network, any software you use to deal with or interact with the Internet (such as a browser), the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Game App. We are not liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
6. FEES AND PAYMENT
6.1 You are responsible for what you do: If you choose to purchase, trade, or develop a Plot in the Game App, or with or from other users via the Game App or otherwise, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Game App, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network.
6.2 Transaction fees: The Ethereum network requires the payment of a transaction fee for every transaction that occurs on it. This funds the network of computers that runs the network. This means that you will need to pay such a transaction fee for each transaction that occurs via the Game App. The FAQs contain more detail about this.
6.3 Commission: In addition to a transaction fee, each time you use a Smart Contract to conduct a transaction with another user via the Game App, you authorise us to collect a commission based on the total value of that transaction (each a “Commission”) – and the precise amount is set out in the FAQs, with the standard Commission set at 10% of the transaction value. YOU MUST CHECK THE FAQs TO CHECK WHAT THIS AMOUNT IS – EVERYTHING RELEVANT IS SET OUT IN DETAIL, IN THE FAQS.You acknowledge and agree that the Commission will be transferred directly to a digital wallet maintained by us which may then be sent on to people specified in the FAQs (which might be, for example, other users of the Game App, charities or ourselves) – all as described in the FAQs - through the Ethereum network, as part of your payment.
6.4 Taxes. As between you and us, you will be solely responsible to pay any taxes duties, levies or assessments whenever claimed or imposed by any governmental authority (collectively “Taxes”) associated with your use of the Game App (including, without limitation, any Taxes that may become payable as the result of your “ownership” (see what this means in Clause 7.4), transfer, or development of any of your Plots). Except for income taxes levied on us, you:
6.4.1 will pay or reimburse us for all national, supra-national, local, federal, state or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made as described in the Terms, as are now or may in future be imposed under the authority of any national, supra-national, local, federal, state or any other taxing jurisdiction; and
6.4.2 shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made pursuant to the Terms.
7. INTELLECTUAL PROPERTY
7.1 We own intellectual property. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Game App, and all intellectual property rights in it.
7.3 Reserved rights. We reserve all rights in and to the Protected Materials not expressly granted to you in the Terms. Also, you understand and agree that:
7.3.1 you will not apply for, register, or otherwise use or attempt to use any Protected Materials, trade marks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our exclusive and absolute discretion;
7.3.2 your purchase of a Plot (whether via the Game App or otherwise), does not give you any rights or licences in or to the Protected Materials (including, without limitation, our copyright and other rights in and to the Visual Elements associated with that Plot) other than those expressly contained in the Terms; and
7.3.3 except as otherwise set forth in the Terms, that you do not have the right to reproduce, distribute, or otherwise commercialise any elements of the Protected Materials (including, without limitation, our copyright in and to the Visual Elements associated with that Plot) in any way without our prior written consent in each case, which consent we may withhold in our exclusive and absolute discretion; and
7.3.4 All rights and licences granted to you in this Clause 7apply only to the extent that you continue to “own” any Plot. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of a Plot for any reason or you are otherwise dispossessed of a Plot for any reason, the rights and licences granted in this Clause 7in respect of that Plot will immediately expire without notice, and you will have no further rights in or to that plot or the Visual Elements for that Plot.
7.4 Your rights in respect of a Plot and “ownership” of a Plot. In respect of a Plot which you have purchased (or on which you develop), you never really “own” a Plot. All you own is a string of computer code. What “ownership” means in the context of a Plot is that, subject to your strict compliance with the Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free licence to deal with a Plot (to buy it, to sell it and to develop it using, copying, and displaying the Visual Elements for your Plot), solely for the following purposes:
7.4.1 for your own personal, non-commercial use only;
7.4.2 as part of a marketplace that permits dealings in Plots on HODL Earth, provided that the marketplace cryptographically verifies each Plot owners’ rights to ownership of (and to display the Visual Elements for) each such Plot to ensure that only the actual “owner” is recorded as the “owner” and can display the Visual Elements in respect of the Plot.
7.5 Plots when you leave. If the agreement between you and us is terminated for any reason, any Plots you have “owned” on HODL Earth may be treated as set out in the FAQs and the rights and licences we grant you in Clause 7.4 may be ended. For example, we may remove or alter development of your Plots. Notwithstanding this, your ownership of the Plots (in terms of the strong of digital code that “is” a Plot) will be recorded on the Ethereum blockchain and in accordance with the ethos and mechanics of distributed ledger technology, you will remain the “owner” of your Plots, and you would need to participate in some positive activity to revoke or change the “ownership” of any of your Plots (which are blockchain-based).
7.6 What you cannot do with Plots. You shall not, nor permit any third party to do or attempt to do any of the foregoing without our express prior written consent in each case:
7.6.1 use the Visual Elements in respect of a Plot in videos or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial use;
7.6.2 sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the Visual Elements in respect of a Plot;
7.6.3 otherwise use the Visual Elements in respect of a Plot for your or any third party’s commercial benefit;
7.6.4 use a third party’s intellectual property in any usage of a Plot or in Visual Elements in respect of a Plot;
7.6.5 modify the Visual Elements in respect of a Plot in any way except as specified in the FAQs;
7.6.6 use the Visual Elements in respect of a Plot to advertise, market, or sell any third party product or service;
7.6.7 use the Visual Elements in respect of a Plot 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; or
7.6.8 attempt to obtain a trade, copyright, or otherwise acquire additional intellectual property rights in or to the Visual Elements in respect of a Plot.
8.1 Your Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Game App, including, without limitation, about how to improve the Game App (collectively “Feedback”).
8.2 What we can do with Feedback. By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide licence of all rights necessary for us to incorporate and use Feedback for any purpose.
9. OUR OBLIGATIONS
9.1 Our undertakings to you. We undertake to you that:
9.1.1 the Game App will perform substantially in accordance with the FAQs;
9.1.2 anything we do pursuant to the Terms or otherwise in respect of any of the Game App will be performed with reasonable care and skill; and
9.1.3 we have all necessary licences, consents, and permissions necessary for the performance of our obligations under the Terms.
9.2 When the undertakings do not apply. The undertaking in Clause 9.1.1 shall not apply to the extent of any non-conformance which is caused by use of the Game App (or dealing with any Plot) contrary to the instructions set out in any Smart Contract or our instructions, the FAQs or modification or alteration of a Plot or the Game App by any party other than ourselves (or our duly authorised contractors or agents).
9.3 Non-conformance with the undertakings. If the Game App or anything we do (or omit to do), does not conform with the undertakings in Clause 9.1, we will, at our expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance or outcome. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertakings set out in Clause 9.1. Notwithstanding the foregoing, we:
9.3.1 do not warrant that your use of the Game App or dealing with any Plot will be uninterrupted or error-free; and
9.3.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Game App and FAQs may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
9.4 Other agreements we may enter into. The Terms do not prevent us from entering into similar or other agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to the Game App.
10. YOUR OBLIGATIONS
10.1 How you agree to behave. You agree:
10.1.1 that you are responsible for your own conduct while accessing or using the Game App, and for any consequences of that;
10.1.2 that you are responsible for any conduct undertaken through or in respect of your Game App account;
10.1.3 to use the Game App only for purposes that are legal, proper and in accordance with the Terms and any applicable laws or regulations;
10.1.4 to comply with all applicable laws and regulations with respect to your activities in respect of the Game App and the Terms;
10.1.5 without limitation to Clauses 10.1.1 to 10.1.4, that, in your dealings with us, with the Game App and with Plots, that you may not, and may not allow any third party to:
(a) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(b) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(c) impersonate another person (via the use of an email address or otherwise);
(d) upload, post, transmit or otherwise make available through the Game App or via any Plot any content that infringes the intellectual property rights of any party;
(e) violate the legal rights (such as rights of privacy and publicity) of others;
(f) engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
(g) interfere with other users' enjoyment of the Game App or Plots;
(h) exploit the Game App or any Plot for any unauthorised commercial purpose;
(i) modify, adapt, translate, or reverse engineer any portion of the Game App;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Game App or Plot or any part of it or them;
(k) reformat or frame or link to any portion of the Game App or the Site;
(l) display any content on the Game App or Plot that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(m) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Game App or the content posted on the Game App, a Plot or the Site, or to collect information about their users for any purpose;
(n) create user accounts by automated means or under false or fraudulent pretences; or
(o) access or use the Game App for the purpose of creating a product or service that is a competitor to any of our products or services.
10.2 If you misbehave…If you engage in any of the activities prohibited by Clause 10.1.5, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete or revoke your rights to your Plots (and your access to the Game App or any part of HODL Earth) or alter the functionality or Visual Elements of your Plots (all as far as may be possible given the nature of distributed ledger technology). Please see Clause 7.5 and the FAQs for extra details.
10.3 You must cooperate. You shall provide us with all necessary co-operation in relation to your use of the Game App and all necessary access to such information as may be required by us in order to provide you with access to the Game App and Plots.
10.4 Your responsibility for network connections. You shall be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our systems and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
11.1 Terminating the agreement between you and us. Each of you and us, for any reason (subject to applicable law), may terminate the agreement between you and us (described in the Terms) at any time by cancelling your account on the Game App. (If you are terminating, you must also discontinue your access to and use of the Game App because using the Game App creates another agreement between you and us.)
11.2 Our extra rights to terminate. You agree that we, in our exclusive and absolute discretion and for any or no reason, may terminate the Terms and suspend and/or terminate your account on the Game App and your right to use or interact or otherwise deal with Plots or Visual Elements or Protected Materials. You agree that any such suspension or termination may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate the Terms or suspend or terminate your access to or use of any of those things due to your breach of the Terms or any suspected fraudulent, abusive, or illegal activity, then termination of the Terms will be in addition to any other remedies we may have at law or in equity.
11.3 What happens on termination, cancellation or suspension. Upon any termination of the Terms or suspension or cancellation or your user account or access to the Game App or any Plots:
11.3.1 you may no longer have access to information that you have posted using the Game App or in respect of a Plot or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party (subject always to applicable law);
11.3.2 you will not receive any refunds; and
11.3.3 the provisions of Clauses 1,6,7,8,11.3,12,13,14,15 and 17, together with those provisions that either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the agreement between you and us.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 Our responsibility for foreseeable loss and damage. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement between you and us was made, both we and you knew it might happen.
12.2 What we do not exclude or limit liability for. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to supply by us of any digital content or any services supplied with reasonable skill and care.
12.3 Defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 Our total aggregate liability. You agree that our total aggregate liability for any and all claims arising out of or relating to the Terms or your access to or use of (or any inability to access or use) any part of the Game App shall be limited to the greater of: (i) £10; or (ii) the amounts you have paid to us in respect of Plots.
12.5 What we are not responsible for. Among other things, we are not responsible for the following:
12.5.1 We are not liable for business losses. We only supply the digital content we do for domestic and private use. If you use the Game App or Plots for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5.2 Except as expressly stated in the Terms, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
12.5.3 We are not responsible for losses due to blockchains or any other features of the Ethereum network or any electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network (including, without limitation, forks or technical node issues).
12.5.4 Subject to our compliance with Clause 9.1.2 and to applicable law, we do not warrant or represent that:
(a) your access to or use of the Game App or Plots will meet your requirements;
(b) your access to or use of the Game App will be uninterrupted, timely, secure or free from error;
(c) the Game App or any content, services, or features made available on or through the Game App are free of viruses or other harmful components;
(d) any data that you disclose when you use the Game App will be secure.
12.5.5 We are not responsible or liable to you for any losses you incur as the result of your use of the Ethereum network or any digital wallet used, including but not limited to any losses, damages or claims arising from:
(a) user error;
(b) forgotten passwords;
(c) incorrectly construed smart contracts or other transactions;
(d) server failure or data loss;
(e) corrupted wallet files;
(f) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack against the Game App, Ethereum network, or any electronic wallet.
12.5.6 We are not responsible for the risks you take as set out in Clause 4.
13.1 Your indemnity of us. You shall indemnify us against all damages, costs, charges, losses, liabilities and expenses incurred by us arising from or incurred by reason of:
13.1.1 your breach of the Terms;
13.1.2 your misuse of the Game App or a Plot; or
13.1.3 your violation of applicable laws, rules or regulations in connection with your access to or use of the Game App or a Plot.
14. EXTERNAL SITES
14.1 Use of external hyperlinks. The Game App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to users of the Game App. We have no control over any External Sites.
14.2 What we are not responsible for. You acknowledge and agree that:
14.2.1 we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites; and
14.2.2 we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. CHANGES TO THE TERMS AND THE GAME APP
16.1 Changes to the Terms and the functionality of the Game App. We may make changes to:
16.1.2 the functionality of the Game App time to time. We do this because we are constantly innovating the Game App to continually improve the user experience. You acknowledge and agree that the form and nature of the Game App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Game App at any time without notice.
16.2 Check for changes: Please check the Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Game App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Game App and you can terminate your agreement with us.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement within 7 days of us telling you about it.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing. We may not agree for a variety of different reasons.
17.3 Nobody else has any rights under this contract. The agreement is between you and us only. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking the agreement between you and us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Which laws apply to this contract. The Terms (i.e. the agreement between you and us) are governed by English law.
17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you must contact the alternative dispute resolution provider we use. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution.
Version 1.4: 22 August 2018
Version 1.3: 1 August 2018
First live version.