Last Updated: May 15th 2022
Crypto ColonieZ is a gaming application that runs on the BSC network. You are able to earn, purchase, transfer and trade unique digital assets (NFTs), which can then be visualized and interacted with on the Web-App.
In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; headings are for convenience only and do not affect interpretation; a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time; if any act which must be done under these Terms is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day; the word "month" means calendar month and the word "year" means 12 months; the words "in writing" include any communication sent by letter or email or any other form of communication capable of being read by the recipient; a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time; includes and similar words mean includes without limitation; a reference to $ or dollars refers to the currency of USA from time to time; a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body; and no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it.
You are required to create an account in order to use the game. You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Using the Game
Transactions that take place on the game are managed and confirmed via the BSC blockchain. You understand that your BSC public address will be made publicly visible whenever you engage in a transaction on the game. You may be required to download, install or use third party services (such as MetaMask, Google Chrome and the BSC network) in order to use the game, as set out on the game. You acknowledge and agree that you may not be able to use all features of the game in the event that you do not use these third party services.
You agree not to, or to authorize any third party on your behalf to, interact in the game in a manner that is contrary to any rules or guidelines we may impose from time to time, or in a way that we determine, in our absolute discretion, to be cheating, farming, or otherwise acting in a manner that may negatively impact the enjoyment of others in connection with the game. This includes, without limitation, using third party software (by injecting the software into the game or otherwise) to give you or another use an unfair advantage, or to automate aspects of gameplay, sharing your Account, participating in win trading with other users and otherwise acting contrary to the spirit of the game. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination as set out below.
From time to time, we may offer incentives to you to refer the game to others (Referral Scheme). If you participate in a Referral Scheme, you agree not to act in any way which allows you to fraudulently, inappropriately or unfairly receive the benefits of a Referral Scheme. This includes, without limitation, sending referral links to yourself and/or creating multiple Accounts. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination as set out below. Additionally, if you breach this clause, we may withhold any referral payments relating to a Referral Scheme.
You may purchase Items from us (including NFTs, FUEL and SUPPLIES) as set out on the game. Any purchase from us through the game is an offer by you to purchase the relevant Item for the price notified (including any charges and taxes) at the time you purchase the NFTs. The probabilities of receiving a particular rarity and version are defined by us and are roughly described in the document. The NFT creation process is developed and managed by Crypto ColonieZ and we make best effort to meet the probabilistic odds as described in the document. Each purchase results in a separate binding agreement between you and us for the supply of the Item in accordance with the Terms. It is your responsibility to check the purchase details, including selected Items and pricing, before you place a transaction through the game. When you purchase an Item and your transaction has completed. Notwithstanding anything to the contrary, we reserve the right to reprint NFTs, with the same name and text but with different rarity and artwork, in future releases of NFTs.
Price and Payments
You must pay us the purchase price of each Item you select as set out on the game (plus any applicable taxes and charges (the Price) in accordance with this clause. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. Any financial transaction you engage in through the game will be conducted solely through the BSC network. We have no insight into or ability to control these transactions (including reversing transactions). You are responsible for paying any relevant transaction fees incurred in relation to the payment method you select when transacting on the game (Transaction Fees). The Transaction Fees will be set out on the game, and may include without limitation a BSC transaction fee. You are responsible for determining what and paying for, if any, taxes apply to the transactions that take place on the game. Whenever you are doing any transaction make sure to be on the official site of the game every time.
The game may facilitate a Discord communication server, Telegram group and other forums on which you are able to communicate with other game participants. We ask you to limit your discussions to topics which are relevant to the game. You acknowledge and agree that you are not permitted to send any communication which contains foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks. We reserve the right to remove any communication which we, in our sole discretion, deem to be inappropriate, and prevent you from further participating in the communication methods outlined above.
The game provides a marketplace for you to buy and sell Items purchased or earned through the game, in addition to Third Party Items (the Marketplace). If you wish to sell an Item or Third Party Item, you must create a listing with an accurate and complete description of the Item offered for sale (including the price you are selling the Item for) (Listing). If you wish to buy an Item or Third Party Items, you must follow the instructions provided on the game to purchase the Items set out in the Listing, and pay the purchase price indicated by the seller. You understand that the game provides an introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the App. We are not a reseller of Items. We are not a party to any agreement entered into between a buyer and a seller. We have no control over the conduct of buyers, sellers and any other users of the game. We accept no liability for any aspect of the buyer and seller interaction, including but not limited to the description of Items offered for sale and the delivery of the Item or Third Party Items. We set out a number of payment methods on the game. You may use any of these payment methods to complete a transaction on the Marketplace. We retain a portion of the price paid by the buyer as set out on the game.
Promotional Discount Codes
We may from time to time issue promotional discount codes for certain Items. To claim the discount, you must enter the promotional discount code at the time of purchasing the Item through the game. The conditions of use relating to promotional discount codes will be specified on the game at the time they are issued.
You must not access or use the game except as permitted by these Terms and must not permit any other person to: use the game in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property rights; use the game to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; use the game in any way that damages, interferes with or interrupts the supply of the game; introduce malicious programs into our hardware and software, including viruses, worms, trojan horses and e-mail bombs; use the game to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes); use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person's use of the game; or to send any form of harassment via email, or any other form of messaging (such as the messaging features within the game), whether through language, frequency, or size of messages or use the game in breach of any person's privacy (such as by way of identity theft or "phishing"). Items are only to be earned, purchased or sold for the purpose of genuinely interacting with the game. You must not obtain or sell Items for investment purposes.
You acknowledge and agree that: the provision of the game may be contingent on, or impacted by, third parties, other customers' use of our services, suppliers, other subcontractors (Third Party Inputs); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Metamask, Google Chrome and the BSC network. This clause will survive the termination or expiry of these Terms. Intellectual Property Rights Our Intellectual Property All Intellectual Property in the game and that Intellectual Property developed, adapted, modified or created by us or our Personnel (including in connection with these Terms) is and will remain owned exclusively by us or our third party service providers. You must not, without our prior written consent: copy or use, in whole or in part, any of our Intellectual Property; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; reverse assemble, reverse engineer, reverse compile or enhance the game; breach any Intellectual Property Rights connected with the game, including altering or modifying any of our Intellectual Property; cause any of any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property; resell, assign, transfer, distribute or make available the game to third parties; "frame", "mirror" or serve any of the game on any web server or other computer server over the Internet or any other network; alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the game; Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyze and compile statistical and performance information based on and/or related to your use of the game, in an aggregated and anonymized format (Analytics). You agree that we may make such Analytics publicly available, provided that it: does not contain identifying information; is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all Intellectual Property rights in the foregoing.
THIRD-PARTY WEBSITE AND CONTENT
Your Intellectual Property
As between you and us, (i) all Data is and remains your property, and (ii) you retain any and all rights, title and interest in and to the Data, including all copies, modifications, extensions and derivative works thereof. License: You grant us a limited license to copy, transmit, store and back-up or otherwise access the Data during the Term solely to: supply the game; diagnose problems with the game; enhance and otherwise modify the App; develop other services, provided we de-identify the Data; and as reasonably required to perform our obligations under these Terms. General: You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and (ii) the Data and its transfer to and use by us, as authorized by you under these Terms do not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it. This clause will survive termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law: our maximum aggregate Liability arising from or in connection with these Terms will be limited to, and must not exceed the portion of the Price paid by you to us for the Items the subject of the relevant claim; we will not be liable to you in respect of any transactions that take place on the Marketplace; and we will not be liable to you for any Consequential Loss, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you waive and release us from and against, all Liability (whether under statute, contract, negligence or other tort, indemnity, or otherwise) arising from or in connection with any: loss of, or damage to, any property or any injury to or loss to any person; failure or delay in providing the game; breach of these Terms or any Laws; or the Computing Environment, where caused or contributed to by any: (i) event outside our reasonable control; (ii) a fault, defect, error or omission in your Computing Environment or Data; or (iii) act or omission of you, your related parties, Authorized Users, Personnel or any third party (including customers, end users, suppliers, providers or subcontractors), and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the game. To the maximum extent permitted by law, you indemnify and continue to indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of Intellectual Property Rights and/or your use of the game contrary to these Terms. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features; the game may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; we do not guarantee that any file or program available for download and/or execution from or via the game is free from viruses or other conditions which could damage or interfere with Data, hardware or software with which it might be used; we are not responsible for the integrity or existence of any Data on the Computing Environment, network or any device controlled by you; and we may pursue any available equitable or other remedy against you if you breach any provision of these Terms. This clause will survive termination or expiry of these Terms.
You may terminate these Terms at any time by cancelling your Account and ceasing to use the game. If you breach these Terms, we may immediately suspend access to your Account. You will have an opportunity to appeal the suspension by contacting us. We may also terminate these Terms if you have breached a material term of these Terms and has failed to remedy such breach within 3 Business Days of receiving notice to do so, subject to any other express right of termination. On termination of these Terms, you may no longer have access to the game and information that you have posted to the game or in relation to your Account (including any Items). The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms. This clause will survive termination or expiry of these Terms. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your NFTs -related transactions. Crypto ColonieZ is not responsible for determining the taxes that apply to your transactions on the game, the Site, or the Smart Contracts.
C. There are risks associated with using an Internet-based currency, 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 unauthorized access to information stored within your wallet. You accept and acknowledge that Crypto ColonieZ will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience.
D. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the NFTs ecosystem, and therefore the potential utility or value of NFTs.
E. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFT ecosystem, and therefore the potential utility or value of NFTs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE GAME AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE GAME AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE GAME AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE GAME AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE GAME AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE GAME AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BINANCE NETWORK, BSC NETWORK, THE METAMASK ELECTRONIC WALLET, AND BSC ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED 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, BINANCE NETWORK, OR THE METAMASK ELECTRONIC WALLET.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BSC NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BSC NETWORK. CRYPTO COLONIEZ HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. CRYPTO COLONIEZ IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BINANCE NETWORK, BSC NETWORK, THE METAMASK ELECTRONIC WALLET, OR BSC 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 BINANCE NETWORK, BSC NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Limitation of liability
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE APP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APP AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the game such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the game, and any services provided on the Site and/or the game, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the game, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the game and the Smart Contracts ("Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
All communications and notices made or given pursuant to these Terms & Conditions must be in the English language. If we provide a translation of the English language version of these Terms & Conditions, the English language version will control if there is any conflict.
If any portion of these Terms & Conditions is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.