TERMS OF USE
Version 1.0 – April 2021
WELCOME TO CRYPTO MANDALA. BY USING OR ACCESSING CRYPTO MANDALA (AS DEFINED BELOW), BY CALLING AN ACTION ON AN CRYPTO MANDALAS SMART CONTRACT AND/OR BY CLICKING ON "I ACCEPT" ON THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED, YOU ARE DEEMED TO AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF THIS AGREEMENT, AS SET OUT BELOW (THE "ACCEPTANCE"). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE, ACCESS, CONNECT TO OR REGISTER TO ACCESS CRYPTO MANDALA AND YOU MUST IMMEDIATELY CEASE DOING SO. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE COMPANY OR LEGAL ENTITY (AND ITS EMPLOYEES) TO THIS AGREEMENT. THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN CRYPTO MANDALA (OR "WE") AND YOU AND ANY OTHER PERSON, COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT ("END USER" OR "YOU"). THESE TERMS OF USE INCORPORATE AND MUST BE READ IN CONJUNCTION WITH OUR PRIVACY NOTICE AND COOKIES NOTICE.
1. Definitions
Unless otherwise defined in these Terms of Use, capitalized terms shall have the meanings set out in this Section 1.
Acceptance shall have the meaning ascribed in the header of this Agreement.
Agreement or Terms of Use shall mean these terms of use for CRYPTO MANDALA.
CRYPTO MANDALA shall mean any and all of (i) any CRYPTO MANDALA smart contract, meaning a smart contract installed on any of the following accounts on the AVALANCHE blockchain: CRYPTO MANDALA (MNDL) and any other Smart Contracts giving reference to the CRYPTO MANDALA as well as (ii) the Website and (iii) any user interface, documents, materials and/or services made available through the Website (if any; collectively the "Services"), in each case as updated or amended from time to time.
Web Site and Gaming App shall mean the web front end which facilitates calling actions on CRYPTO MANDALA and/or a CRYPTO MANDALAS smart contracts. CRYPTO MANDALA or we shall have the meaning ascribed in the header of this Agreement.
End User or you shall have the meaning ascribed in the header of this Agreement.
Party or Parties shall mean, as required by the relevant context, either you or us, or - respectively - you and us collectively.
Any AVALANCHE C-Chain Wallet address that includes at least one CRYPTO MANDALA ERC-721 NFT Token shall mean an account initially created by CRYPTO MANDALA and released to the users of CRYPTO MANDALA.
Permitted Use shall have the meaning ascribed in Section 3.4 of this Agreement.
Any assets created and managed by Smart Contracts means the smart contract installed on the AVALANCHE blockchain or any successor digital item standard in the database of which CRYPTO MANDALA NFTs exist as a row. Reverse Engineer shall mean the examination or analysis of CRYPTO MANDALA to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices.
Section shall mean any section of this Agreement.
The Website is the website at "CRYPTOMANDALA.art" (or such other URL as the website may subsequently be hosted at; the Website).
2. Form of Agreement and Interpretation
This Agreement shall apply and be binding on the End User following its Acceptance by the End User. It shall form an integral part of the agreement between the parties, and govern their rights and obligations, with regard to its subject matter.
No specific conditions and no other terms and conditions of the End User or any of its affiliates or any third party shall prevail over this Agreement, unless formally accepted in writing by CRYPTO MANDALA.
This Agreement shall not be construed against any party on the grounds that such party prepared or drafted this Agreement. In this Agreement, unless the context otherwise requires, (i) words in the singular include the plural and vice versa and words in one gender include any other gender, (ii) a reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement.
3. License
3.1 Rights
Unless otherwise stated in this Agreement, CRYPTO MANDALA is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within CRYPTO MANDALA, the Website, Materials and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in CRYPTO MANDALA, including without limitation in-game names, characters, locations and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within CRYPTO MANDALA.
Grant of License
CRYPTO MANDALA is licensed, not sold, to you with the scope set out below.
3.2 Scope
The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to CRYPTO MANDALA and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.
3.3 Permitted Use
Your use of CRYPTO MANDALA and any results generated through and/or in connection with CRYPTO MANDALA must adhere to the Scope and rules set forth in this Section ("Permitted Use"):
3.4 Observation of applicable laws, gambling regulations:
You may use CRYPTO MANDALA only as and to the extent permitted by applicable laws, in particular, only to the extent you fully comply with any applicable financial market regulations and similar provisions in using CRYPTO MANDALA. You may not use CRYPTO MANDALA in any jurisdiction in which its distribution, marketing, licensing or use would require a gambling license, registration or similar accreditation under applicable laws.
3.5 Age restrictions:
You must not use CRYPTO MANDALA, the Website, Materials and Services if you are under 18 years of age.
3.6 Commercial use, streaming, video sharing:
The license is for personal and non-commercial use, it does not comprise the right to commercialize CRYPTO MANDALA or elements thereof. You may not perform in-game services during your use of CRYPTO MANDALA, the Website, Materials or Services for any form of compensation outside of CRYPTO MANDALA. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of CRYPTO MANDALA or any other person or entity associated with CRYPTO MANDALA. CRYPTO MANDALA reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of CRYPTO MANDALA. In such event, you hereby agree to immediately remove from public access or alter, as instructed by CRYPTO MANDALA, upon first request of CRYPTO MANDALA, any such content and that you will not pursue CRYPTO MANDALA for any actual or potential loss you may incur in connection with such removal or alteration.
3.7 Comments and other forms of communication:
You may use CRYPTO MANDALAS commenting functions or other forms of communication within CRYPTO MANDALA only in accordance with and in observation of (a) the posting policy pursuant to section 8 hereof (the "Posting Policy") and (b) the image policy pursuant to section 9 hereof (the "Image Policy").
3.8 CRYPTO MANDALA (MNDL) tokens:
You may use your MNDL Tokens outside of CRYPTO MANDALA. You acknowledge and agree that any affiliation between yourself and third parties via MNDL Tokens does not create or otherwise be deemed to constitute the basis of an association between CRYPTO MANDALA and yourself and/or such third parties. You acknowledge and agree that you are using MNDL with third parties within your sole responsibility and on your own risk. In particular, acknowledge and agree that you may become liable for actions and/or omissions of any third party you interact with or otherwise become affiliated with. CRYPTO MANDALA shall not be liable for any damage you incur though and/or in connection with your affiliation with any third parties.
3.9 No modifications, tampering or circumvention:
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of CRYPTO MANDALA, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of CRYPTO MANDALA, its user interface and/or its operating principles. No reverse engineering: You may not Reverse Engineer CRYPTO MANDALA or otherwise attempt in any way to derive or otherwise determine the source code for the operation of CRYPTO MANDALA.
3.10 No copies, no derivative works:
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of CRYPTO MANDALA, the Website, Materials or Services other than in accordance with the License.
3.11 No use of bots:
You may not utilize any automated software or "bots" in relation to your access or use of CRYPTO MANDALA, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.
3.12 No unauthorized server access:
You may not connect to the Servers through any software other than the authorized game client software.
3.13 No data gathering and extraction:
You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.
3.14 No unauthorized use of trademarks, logos, proprietary names and graphics:
Without CRYPTO MANDALA's written approval, you may not use any of CRYPTO MANDALAS or CRYPTO MANDALAS logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to CRYPTO MANDALA.
3.15 No unauthorized use of meta tags:
Without CRYPTO MANDALAS written approval, you may not use any meta tags or other hidden text which incorporate CRYPTO MANDALA's name or any of its intellectual property including trademarks.
The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open-source components included in the Game. If you require certain interface information for compatibility, interoperability, maintenance or development purposes, you may request CRYPTO MANDALA to make such interface information available as required by applicable law.
Any use of CRYPTO MANDALA other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of CRYPTO MANDALA to ensure that you are adhering to the Permitted Use rules.
4. Account Registration, Username
To acquire or make full use of CRYPTO MANDALA and any of the Website, Materials and Services you will need to use your Avalanche C-Chain Wallet Address via Metamask. In anytime CRYPTO MANDALA may add additional steps to create a user account. By registering for a User Account, you warrant that all information and personal details you provide to CRYPTO MANDALA are correct. In addition, you acknowledge that you are aware that the Game can have 18 years+ classification in certain jurisdictions and warrant that you are over 18 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.
You may be required to set a username or e-mail for your User Account and as the case may be, other identifiers in relation to your access or use of CRYPTO MANDALA, the Website, Materials and Services (any such usernames or identifiers "Usernames"). Usernames may be viewable by other users of any of CRYPTO MANDALA, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.
CRYPTO MANDALA reserves the right without notice, explanation or liability to:
- restrict or remove your ability to freely set a Username;
- disallow any specific Username;
- edit any specific Username; and/or
- fully remove any Usernames from CRYPTO MANDALA, the Website or anywhere else related to the Materials and Services (including as part of the CRYPTO MANDALAS gameplay) where they appear or are stored.
CRYPTO MANDALA reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, CRYPTO MANDALA also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a "Ban"), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that CRYPTO MANDALA will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by CRYPTO MANDALA within 7 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement pursuant to Section 19. In an event of Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.
CRYPTO MANDALA may also, where it believes such action is necessary, without notice, block IP addresses of any users who CRYPTO MANDALA believes, at its sole discretion, have breached these Terms of Use.
5. Passwords, Access
You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining CRYPTO MANDALA's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify CRYPTO MANDALA immediately if you know or suspect that your User Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.
You are solely responsible of ensuring that any process, devices and/or services you employ to access or use CRYPTO MANDALA or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 14, CRYPTO MANDALA excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of CRYPTO MANDALA or any of the Website, Materials and Services.
6. Virtual Items, MNDL, NFTs
6.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs or MNDL Token, you will have no ownership rights in any Virtual Items in CRYPTO MANDALA. Such Virtual Items may be modified, replaced, altered or removed by CRYPTO MANDALA at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.
6.2 MNDL Token
CRYPTO MANDALA may from time to time offer "MNDL Token" for purchase or as an award for certain achievements within CRYPTO MANDALA' gameplay in accordance with the procedures and further terms specified within CRYPTO MANDALA' sole discretion. Units of MNDL Token may be issued as tokens issued on the AVALANCHE Blockchain or otherwise as Blockchain based tokens and may use to pay for certain other Virtual Items, advantages and services within or in connection with CRYPTO MANDALA, as may be offered from time to time. MNDL Token may be purchased within the Services using a credit card (or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card) or another cryptocurrency. All sales of MNDL Token are final and non-refundable to the extent permissible under applicable laws. MNDL Token does not constitute personal property, has no cash value, and has no value outside of CRYPTO MANDALA and/or the Services. Other than within the gameplay of CRYPTO MANDALA, MNDL Token may not be transferred or sold to any other person.
6.3 NFTs
Notwithstanding the above, CRYPTO MANDALA' gameplay allows its users to own certain specific virtual assets, as CRYPTO MANDALA may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the AVALANCHE Blockchain or otherwise as Blockchain based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within CRYPTO MANDALA' gameplay. Such NFTs are subject to the following policy:
6.3.1 Distribution of NFTs:
NFTs can be earned within CRYPTO MANDALA in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of CRYPTO MANDALA, from time to time. In addition, CRYPTO MANDALA may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as CRYPTO MANDALA may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user of group of users of CRYPTO MANDALA, the Website, Materials and/or Services or to third parties. Unless otherwise agreed with CRYPTO MANDALA in writing, users of CRYPTO MANDALA, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by CRYPTO MANDALA.
6.3.2 Purchase of NFTs:
To purchase NFTs, you must have (i) an active User Account and (ii) an active AVALANCHE compatible digital wallet (connected to Metamask). CRYPTO MANDALA reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as CRYPTO MANDALA may specify at its sole discretion from time to time.
6.3.3 Transfer of NFTs:
NFTs are not designed to be transferred other than within and as required by the gameplay of CRYPTO MANDALA. CRYPTO MANDALA reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at CRYPTO MANDALA's sole discretion (an "NFT Transfer Policy"). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website.
You acknowledge and understand that your transactions on the AVALANCHE platform are public and that your AVALANCHE address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions on the AVALANCHE platform. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs.
6.3.4 Risks related to the nature of the NFTs:
NFTs are subject to certain inherent risks, in particular because NFTs may be based or enabled by the Smart Contracts on the AVALANCHE Blockchain (or any successor digital item standard). These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise alienating NFTs:
i) There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid, and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold.
ii) NFTs may not have a use other than within CRYPTO MANDALA, if at all.
iii) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain increase their value. You might lose money.
iv) The AVALANCHE platform may subject your ability to purchase, hold, manage, use sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.
v) The AVALANCHE platform may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
vi) AVALANCHE Wallet accounts may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
vii) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the AVALANCHE platform, which could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
viii) Other changes to the AVALANCHE platform could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
6.4 Withdrawal right
In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, CRYPTO MANDALA shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to CRYPTO MANDALA or such third party as CRYPTO MANDALA may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of MNDL Tokens from the End User and to retransfer such NFTs, against such consideration (if any) as CRYPTO MANDALA may deem appropriate within its sole discretion, to itself or third parties.
6.5 Loss of access
If CRYPTO MANDALA's withdrawal right is not exercised in connection with a Termination of this agreement, the End User shall retain ownership of their NFTs and their units of MNDL Tokens. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs and/or units of MNDL Tokens following a termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, CRYPTO MANDALA shall neither have any liability for any damage resulting from such loss of access, nor any obligation to refund the purchase price paid for the relevant NFTs and/or units of MNDL Tokens to the End User.
7. Compliance
You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use CRYPTO MANDALA to engage into any such activities and that CRYPTO MANDALA makes no representation in respect of, or otherwise in connection with, the suitability of CRYPTO MANDALA and/or any output generated by using CRYPTO MANDALA, to engage into any regulated activity or CRYPTO MANDALA' or such output's compliance with laws and regulations applicable to such activities. CRYPTO MANDALA neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using CRYPTO MANDALA and/or any output generated by using CRYPTO MANDALA.
8. Posting Policy
This Posting Policy applies to any comments you post or any statements you make in any manner in connection with CRYPTO MANDALA, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the CRYPTO MANDALA gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts").
Posts may neither, without the prior written approval of CRYPTO MANDALA:
- represent any views or opinions other than your genuine opinion of the matter in question; nor
- contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by CRYPTO MANDALA at its sole discretion, or otherwise breach or infringe on any third-party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders;
- advertise or promote any person or entity or their goods or services; nor
- breach any of the representations below.
You herewith grant CRYPTO MANDALA a perpetual, non-revocable, worldwide and royalty-free license to:
- make use of any Posts as CRYPTO MANDALA deems appropriate in relation to CRYPTO MANDALA and/or any of the Website, Materials and Services or the promotion of the same; and
- sub-license third parties, on such terms as CRYPTO MANDALA deems appropriate, to make use of any Posts as CRYPTO MANDALA deems appropriate in relation to any to CRYPTO MANDALA and/or any of the Website, Materials and Services or the promotion thereof.
You herewith unconditionally represent that, as of the date of any Post:
- you own all rights to your Posts or, alternatively, that you have all necessary rights to grant CRYPTO MANDALA the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the publication or other use of your Posts; and
- your Posts do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
CRYPTO MANDALA reserves the right without notice, explanation or liability to:
- restrict or remove your ability to make Posts;
- disallow the posting of any specific Posts;
- edit any specific Posts; and/or
- fully remove any Posts from CRYPTO MANDALA, the Website or anywhere else related to the Materials and Services (including as part of the CRYPTO MANDALA' gameplay) where they appear or are stored.
9. Image Policy
This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the CRYPTO MANDALA gameplay) ("Images").
All rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to CRYPTO MANDALA, the Website, Materials and Services in accordance with this Image Policy.
Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by CRYPTO MANDALA within its sole discretion, or Images otherwise in breach of or infringing on any third-party rights and/or any applicable law or court order, are not permitted.
You herewith grant CRYPTO MANDALA a perpetual, non-revocable, worldwide and royalty-free license to:
- make use of any Posts as CRYPTO MANDALA deems appropriate in relation to CRYPTO MANDALA and/or any of the Website, Materials and Services or the promotion of the same; and
- sub-license third parties, on such terms as CRYPTO MANDALA deems appropriate, to make use of any Posts as CRYPTO MANDALA deems appropriate in relation to any to CRYPTO MANDALA and/or any of the Website, Materials and Services or the promotion thereof.
CRYPTO MANDALA reserves the right without notice, explanation or liability to:
- restrict or remove your ability to share Images or otherwise make them available;
- disallow the use of any specific Images;
- edit any specific Images; and/or
- fully remove any Images from CRYPTO MANDALA, the Website or anywhere else related to the Materials and Services (including as part of the CRYPTO MANDALA' gameplay) where they appear or are stored.
10. Support, Updates, Alterations, Discontinuation
CRYPTO MANDALA may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to CRYPTO MANDALA on such terms as CRYPTO MANDALA may determine within its sole discretion.
At all times, CRYPTO MANDALA retains the right to use and/or dispose of the Rights as CRYPTO MANDALA, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.
In particular, without limitation, CRYPTO MANDALA has the right, but no obligation, to maintain, modify and/or update CRYPTO MANDALA within its sole discretion. CRYPTO MANDALA may, but has no obligation to, provide technical support in respect of CRYPTO MANDALA.
You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of CRYPTO MANDALA.
CRYPTO MANDALA does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law CRYPTO MANDALA does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of CRYPTO MANDALA.
CRYPTO MANDALA reserves the right, but has no obligation, to license updated iterations of CRYPTO MANDALA separately and under different terms.
11. Use of Data
11.1 Use of Data by CRYPTO MANDALA
You agree that CRYPTO MANDALA may collect and use technical data and related information - including but not limited to technical information about your devices, systems and application software, and peripherals - that is gathered periodically to facilitate the provision of updates, support, and other services to you (if any) related to CRYPTO MANDALA. CRYPTO MANDALA may use this information in a form which does not identify individuals.
CRYPTO MANDALA will use industry standard administrative, physical and technical safeguards to protect any data collected in accordance with this provision and the Privacy Policy. If a court or government agency orders us to disclose any of your personal data, you will be promptly notified so that an appropriate protective order or other remedy can be obtained unless the court or government agency prohibits prior notification.
11.2 Publicity of Data
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the AVALANCHE Blockchain. Such data includes but is not limited to information identifying and/or otherwise pertaining to your User Account and your AVALANCHE account.
11.3 Privacy Policy
Unless specified otherwise herein, all use of data shall be subject CRYPTO MANDALA's privacy policy, as amended from time to time (the "Privacy Policy"). The Privacy Policy, as currently in force, is available on the CRYPTO MANDALA website
12. Loss of Data
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general CRYPTO MANDALA gameplay) relating to you or your use of any of CRYPTO MANDALA, the Website, Materials and Services held by CRYPTO MANDALA or any third-party on behalf of or in coordination with CRYPTO MANDALA is lost, corrupted or otherwise no longer reasonably available or accessible as determined by CRYPTO MANDALA in its sole discretion, you agree that to the greatest extent permissible at law CRYPTO MANDALA will have no liability to you of any nature relating to any such information or data.
13. No Representations and Warranties
CRYPTO MANDALA does not make any representation or give any warranty in respect to any characteristics of CRYPTO MANDALA. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while CRYPTO MANDALA has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of CRYPTO MANDALA, the Website, Materials and Services, we do neither represent nor warrant that:
- CRYPTO MANDALA runs uninterrupted and error-free;
- the use of CRYPTO MANDALA is fit for any particular purpose and does not infringe upon any third party's intellectual property rights;
- any information contained in CRYPTO MANDALA and/or any of the Website, Materials or Services is accurate, adequate, complete or error free or that any Posts or Images are compliant with the Posting Policy and Image Policy.
You use CRYPTO MANDALA at your sole risk. CRYPTO MANDALA is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.
14. Liability
To the maximum extent allowed by law, CRYPTO MANDALA's liability towards you and your associates (whether contractual or otherwise) with respect to this Agreement and the use of CRYPTO MANDALA shall be limited to damages resulting from willful misconduct by CRYPTO MANDALA.
15. Indemnity
You herewith undertake, irrespective of any fault and knowledge, to fully compensate and indemnify CRYPTO MANDALA and/or any of its corporate bodies, affiliates and related parties (as directed by CRYPTO MANDALA) against any and all damage incurred or sustained in contract, tort, equity, statute, regulation or otherwise by CRYPTO MANDALA and/or any of its corporate bodies, affiliates and related parties, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in connection with (i) your actions within CRYPTO MANDALA, and/or (ii) your breach of these Terms of Use and/or (ii) your or any third party's use of video content created or distributed by you under the permitted streaming and video sharing provisions pursuant to Section 3.4.
You acknowledge and agree that, in the event of a third party claim in the event that you breach these Terms of Use or in connection with your or any third party's use of video content created or distributed by you under the permitted streaming and video sharing provisions pursuant to Section 3.4, in particular in the event of a claim whereas any of your actions, Posts or Images in connection with CRYPTO MANDALA infringe on any third party's intellectual property rights, you (and not CRYPTO MANDALA) will be responsible to bear the cost of the investigation, defense, settlement and discharge of any such claim. You will, however, promptly notify CRYPTO MANDALA in writing of such a claim and CRYPTO MANDALA shall have the right, within its sole discretion, to direct any procedural actions in which it has a direct or indirect interest.
16. External Links
Links to external websites are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by CRYPTO MANDALA of any of the products, services or opinions of the relevant entity or organization or individual. CRYPTO MANDALA bears no responsibility for the accuracy, legality or content of external sites or for that of subsequent links. CRYPTO MANDALA recommends that you read the privacy policies and the terms of use of external websites before you make use thereof or provide personal information on any external websites.
17. No Partnership or Agency
Nothing in this Agreement, shall be construed to establish, and the Parties shall refrain from any representation or other act that could lead any affiliate or third party to believe that they have established, a partnership and/or any other form of partnership or company, and/or an agency.
18. Breach and Remedies
You understand and agree that observance of your obligations hereunder is of significant importance to CRYPTO MANDALA and that, if you breach this Agreement, CRYPTO MANDALA would incur serious losses and other detrimental consequences which might not easily be cured.
If you breach any provision of or undertaking under this Agreement, CRYPTO MANDALA shall have the right to seek specific performance in respect of your obligations under this Agreement, including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction).
CRYPTO MANDALA has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure an effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by CRYPTO MANDALA.
19. Term and Termination
This Agreement shall remain in effect for a term of 30 calendar days, beginning on such date as it is entered into. Upon expiry of such initial term, this Agreement shall remain in effect for successive additional terms of 30 calendar days each, unless terminated by either Party no later than 15 days prior the end of the relevant term.
This Agreement (and therefore your right to make Permitted Use of CRYPTO MANDALA) shall be terminated with immediate effect in the event that an Incremental Fee is not paid within the applicable 10-day period.
In addition, CRYPTO MANDALA may terminate this Agreement if, in our sole discretion, we determine that there has been a breach these Terms of Use, a material breach of any other agreement between the Parties or a violation of law. If the cause of such termination is reasonably capable of being remedied, we will provide you notice of what actions you must take to reinstate a state acceptable to us within our sole discretion. If you fail to take such actions or the cause cannot be remedied within 10 calendar days, the Agreement will be terminated with immediate effect.
Upon termination, all licenses granted herein end immediately. You will cease using CRYPTO MANDALA and return to us or uninstall and destroy any Materials you may have in your possession. Termination of the Agreement will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.
The effects of an expiry or termination of this Agreement on any NFTs are governed by Section 6 hereof.
20. Miscellaneous