Terms & Conditions
Within this chapter the token allocation for various rounds are described.
Please read and accept these Terms & Conditions before completing your account registration with Onyx Games.
The following Terms & Conditions constitute a legally binding agreement made between You (hereinafter referred to as “you" / “your” / “User”) and Onyx Games (hereinafter referred to as “we” / “us” / “our”) regarding your access to and use of all games, related online services (including online network play connectivity and interactivity), smart contracts and other software and products made available by Onyx Games (collectively, the "Game"), as well as any other online features relating to the Games including our website www. URL .com (hereinafter referred to as, the “Website”), our Online Communities (hereinafter referred to as the “Community”) and User Support Centre (hereinafter referred to as the “Support Centre"). Together the Game, the Website, the Community, and the Support Centre are referred to as the “Services”.
Onyx: Mysteries of Draderra is a distributed application that currently runs on the Ethereum Blockchain (ETH) using specially developed smart contracts to enable users to own, transfer, trade, battle and summon unique digital heroes, items, guilds, and lands. Together, digital heroes, items, guilds, and lands are referred to as the “Assets”. Costumer can view their Assets on Services and transfer, trade, battle and summon heroes with other Services users.
Services are not intended for use by persons under the age of 18 (eighteen). Services are not intended to be distributed or used by natural or legal person in any jurisdiction or country where such activity would be against its existing laws or regulations of said jurisdiction or country. Users using the Services are deemed to understand compliance of these Terms & Conditions with the laws or regulations of their residence or place of use of the Services.
Onyx Games reserves the right to choose which markets and jurisdictions to conduct in business and may restrict or refuse the provisions of the Services in certain countries or regions, at its sole discretion.
We reserve the right to amend, change and/or modify, in our sole discretion, these Terms & Conditions at any time and for any reason. If we amend, change, and/or modify our Terms & Conditions, we will notify you, including by posting those changes, modifications, and/or the amended Terms & Conditions on the Website. To the fullest extent permissible under applicable law, your continued use of the Services including making any purchases or orders, shall constitute your acknowledgment and acceptance of the amendments, modifications, and/or changes made to these Terms & Conditions. It is your responsibility to periodically review these Terms & Conditions to stay fully informed about amendments, changes and/or modifications made herein.
If you accept these Terms & Conditions, you are required to register for further use of the Services. In order to successfully register and set up a user account (hereinafter referred to as the “Account), you are required to provide information such as, but not restricted to:
· First and Last name
· Phone number
· E-mail address
· Date of birth
· Place of residence.
You hereby agree and authorize Onyx Games to use and verify provided Information for the purposes set forth herein and to the extent the Onyx Games otherwise determines is necessary and/or advisable, in its sole discretion, to comply with applicable law. Furthermore, you will be required to choose username and password for your Account. 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 and/or appears as irritation to other users. You are responsible for your password confidentiality, and therefore, you will be held responsible for the use of your Account and password. Additionally, we reserve the right to request for additional information to add in account verification. Failure to provide such information within the required time may result in your Account's registration being declined.
To the fullest extent permissible under applicable law, you acknowledge that any unauthorized drawing, transfer, disclosure, action, or occurrence on your Account that results from knowledge and/or manipulation of your password or any other methods, whether or not brought on by your negligence, will not subject Onyx Games to liability.
2. User statement
By using the Services, you represent and warrant that:
· You have the right, power, ability, and legal capacity under the law applicable to you to enter and comply with these Terms & Conditions and use our Services in accordance with these Terms & Conditions.
· You agree that Terms & Conditions mentioned herein are reasonable and fair for both the User and Onyx Games.
· All registration information you submit will be true, accurate, current, and complete.
· You will maintain the accuracy of such information and promptly update such registration information, as necessary.
· You have the legal capacity under the law applicable to you, and you agree to comply with these Terms & Conditions.
· You are over 18 (eighteen) years old.
· You will not access the Services through automated and non-human means, whether through a bot, script or otherwise.
· You will not use the Services for any illegal and unauthorized purpose.
· Your use of the Services will not violate any applicable law or regulation.
· You can only have 1 (one) account to access and use of the Services.
· You are not on any blacklist of any organization for any reason including committing scams; fraud; illegal data exploiting; using third-party software for personal benefits; trying to gain access and/or damage Assets without our approval.
In the case of the infringement the aforementioned rules, we reserve the right to restrict, suspend, or terminate your Account and forbid any further use of the Services. Furthermore, if we find any illegal activities, we will make a prompt intervention and resolve by legal means if necessary.
3. Intellectual property
The Services, including any source code, databases, features, software, website designs, audio, video, text, images, and graphics (hereinafter referred to as the “Content”) are our exclusive property unless otherwise stated. The trademarks, service marks, and logos (hereinafter referred to as the “Marks”) contained within are our property, under our control, and/or under license. They are protected by XXXXXX law, foreign legislation, international agreements, and a variety of other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms & Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The Services, Content or Marks must not be copied, distributed, made publicly accessible, or used as the basis for any derivative work without the prior written permission of Onyx Games.
Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, personal, revocable access to use the Services or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. Other than this, you have no ownership or property interest in any of our Services, Content or Marks. We reserve all rights not expressly granted to you in the Services, the Content, and the Marks.
4. Rights and obligations of the User
User has following right:
· You can request that Onyx Games deliver Services in accordance with the Terms & Conditions that Onyx Games has authorized.
· You can request to cancel your Account by requesting it from Support Centre. Once the Account is cancelled, you can no longer log into your cancelled Account on the Services.
User has following obligations:
· You are not permitted to use or access the Services for any other reason than the one for which we make them available. Except as expressly permitted in a legally binding agreement with Onyx Games, the Services may not be utilized in connection with any commercial activity.
· Systematically retrieve data or other Content from the Services to create or compile, directly or indirectly, compilation, a collection, database, or directory without written permission from Onyx Games.
· Use the Services in any way that is not authorized, including gathering usernames and/or email addresses from users via electronic or any other means; or to send unsolicited email or creating user accounts using automated software or false pretenses.
· User must ensure that no one other than himself uses his Account.
· Use the Services to advertise or offer to sell goods and services.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Services, Content and/or Marks or enforce limitations on the use of the Services and/or the Content and/or Marks contained therein.
· Trick, deceive, or mislead both us and other users, especially when attempting to learn confidential account information such as user passwords.
· Make improper use of our Support Centre or submit false reports of abuse or misconduct.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
· Attempt to impersonate another user or person or use the username of another user.
· Sell or otherwise transfer your profile.
· Use any information obtained from the Services in order to harass, abuse, or harm another person.
· Use the Services as part of any effort to compete with us or otherwise use the Services, Content and/or Marks for any revenue-generating endeavor or commercial enterprise.
· Decipher, decompile, disassemble, or reverse engineer any part of the Services.
· Harass, intimidate, or threaten any of our employees or agents engaged in providing you in using any portion of the Services.
· Delete the copyright or other proprietary rights notice from any Content.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
· Use the Services in a manner inconsistent with any applicable laws or regulations.
· Engage in any practice that aims to manipulate the outcome of any Game match, including but not limited to using automated means or third-party software to play, or to otherwise circumvent technological measures designed to control access to or elements of Services. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
· Conducting all types of activities which pose as a applicable law or regulation violation.
· And any other activities that Onyx Games, in its sole discretion, deems to be harmful and undesirable to Services.
In the case of the infringement the aforementioned rules, we reserve the right to restrict, suspend, or terminate your account and forbid any further use of the Services.
5. Rights and obligations of the User
Onyx Games has following right:
· To restrict, suspend or terminate Account that it suspects has been used for fraudulent or suspicious conduct or has been used by an unauthorized person. User shall hold Onyx Games free from liability for any losses, damages or harm that may occur to User as a result of the restriction, suspension or termination of Account.
· To exercise the right granted to him by these Terms & Conditions or any related policies.
Onyx Games has following obligations:
· To deliver Services in accordance with the Terms & Conditions that Onyx Games has authorized.
· To ensure transparency of data in accordance with the Terms & Conditions that Onyx Games has authorized.
· To respond to User's inquiries as promptly, professionally, and with all the information and expertise at his disposal in order to provide adequate help.
You understand and agree that any queries, comments, recommendations, ideas, suggestions, feedback, or other details you give to us regarding the Services (collectively referred to as the "Submissions") are non-confidential and will become our exclusive property. You also acknowledge that we have the exclusive right to use and utilize these Submissions, including having all intellectual property rights, and that we are entitled to their unrestricted use and dissemination for any legitimate purpose, whether commercial or otherwise, without your permission or compensation for you.
In addition, you guarantee that the Submissions are your original work and that you have the legal right to submit them, you also hereby relinquish any moral rights you may have in any such Submissions. You acknowledge that any alleged or actual infringement or violation of any proprietary right in your Submissions should be without recourse against us.
7. In-Game purchases
Any purchase made through our Services will be conducted through Ethereum Blockchain (ETH) via wallet (Metamask and TrustWallet). Onyx Games will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions.
Hereof, we will have no liability to you or to any third party for any claim, losses, damage or harm that may arise as a result of any payment and/or transaction that you engage in through Services or any other payment and/or transaction that you conduct through Ethereum Blockchain (ETH). The safety, suitability, quality, delivery, legality, or any other feature of any of your property is not under our responsibility or control.
8. Assumption of risks
You understand and agree following:
· The value of blockchain assets extremely fluctuates. Your Assets' value could be considerably and negatively impacted by changes in the price of other digital assets, which could also experience high price volatility. We cannot guarantee that any purchasers of Assets will not lose money.
· Any tax implications for any Assets-related transactions are exclusively your responsibility to determine. The taxes that apply to your transactions involving the Services are not the responsibility of Onyx Games.
· Using an Internet-based currency comes with risks, including, but not limited to, hazards related to hardware, software, and Internet connections, the introduction of malicious software, and the danger that third parties could gain unauthorized access to the information contained in your wallet. Onyx Games is not liable for any communication problems, interruptions, errors, delays, omissions, losses, damages, or harm you may encounter while using the Ethereum Blockchain (ETH) network, regardless of how they were caused.
· The legislative environment governing blockchain technologies, cryptocurrencies, and tokens is hazy, and new laws or policies could have a fundamentally negative impact on how the Services develop and, in addition, how useful or valuable Assets may be in the future.
9. Third-party Website and Content
The Service links to other websites (hereinafter referred to as “Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to and/or originating from third parties (hereinafter referred to as “Third-Party Content").
We do not investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services, or any Third-Party Content posted on, available through, or installed from the Services, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.
Inclusion, linking to, or authorizing the use or installation of any Third-Party Websites or Third-Party Content does not indicate approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms & Conditions no longer apply.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services, as well as the terms and policies relating to any applications you use or install through the Services. Any purchases you make through Third-Party Websites will be made through other websites and firms, and we take no responsibility for such purchases, which are solely between you and the applicable third party.
You agree and accept that we do not endorse the products and services offered on Third-Party Websites and that you will hold us harmless if you purchase such items and services. Furthermore, you agree not to hold us responsible or liable for any losses, damage or harm incurred as a result of any Third-Party Content or contact with Third-Party Websites.
We provide spaces for advertisements and other content throughout the Services. Advertisers are solely responsible for the accuracy of their advertising, including the services and goods they promote. These advertisements should not violate any rules, and advertisers must indicate that they have the following rights, among others, intellectual property rights, publicity rights, and contractual rights. We accept no responsibility for any infringement of these rights.
While you use the Services, these Terms & Conditions remain in full force and effect. Without limiting any other provision of these Terms & Conditions, we reserve the right to deny access to and use of the services to any person for any or no reason, including without limitation for breach of any statement, warranty, or agreement contained in these Terms & Conditions or of any applicable law or regulation, in our sole discretion, we may restrict, suspend or terminate your use or participation in the Services or delete your Account without warning and without liability for any ensuing losses, damages or harm that may occur. If we restrict, suspend, or terminate your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Furthermore, we reserve the right to take appropriate legal action, including but not limited to, pursuing civil and/or criminal action.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates, as well as all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by a third party due to or arising out of: any claim by the User regarding the quality and technical defects of the Services; breach of these Terms & Conditions; any breach of your statements, warranties, and agreements set forth in these Terms & Conditions; your violation of the rights of a third party, including but not limited to intellectual property rights; complaints, requests and lawsuits made or conducted by any competent State body with respect to User; or any overt harmful act toward any other User of the Services.
Regardless, we retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of such claims. When we become aware of any such claim, action, or process that is subject to this indemnity, we shall use reasonable efforts to tell you.
13. Limitation of liability
You understand and agree that onyx Games, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary losses, damages or harm 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 services 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 & conditions in the 12(twelve) month period preceding the date the claim arose, or (b) 100 (onehundered) us dollars.
You agree and acknowledge that we have made the services available to you and entered into these terms & conditions 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 services to you without these limitations.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential losses, damages or harm 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.
Onyx Games makes no warranties that the services shall be uninterrupted or error-free. Onyx Games disclaims all representations and warranties to services, including but not limited to the warranties of merchantability and fitness for a specific purpose. Further, onyx Games does not represent that the information or content accessible through services (including third-party website and content) is accurate, complete and current and all information, including applicable fees and availability, shall be subject to change without prior notice to the user. The user assumes all risks associated with the use of services and any information available and/or accessed through services and any security features provided for services.
In no event shall any possible dispute brought by user in any way related to the services be commenced more than 1 (one) year after the cause of action began.
You expressly understand and agree that your access to and use of services are at your sole risk, and that the services 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, onyx Games, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the services and any part of it (including, without limitation, services or any external websites or content), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, onyx Games, our subsidiaries, affiliates, and licensors do not represent or warrant to you that:
· Your access to or use of the services will meet your requirements.
· Your access to or use of the services will be uninterrupted, timely, secure or free from error.
· Usage data provided through the services will be accurate.
· Services or any content, services, or features made available on or through the services are free of viruses or other harmful components.
· Services or any content, services, features or assets made available on or through the services will be error free, therefore onyx Games will not be responsible or liable for any losses, damages or harm that occur from using them.
· Any data that you disclose when you use the services 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.
We will not be responsible or liable to you for any losses, damages or harm you incur as the result of your use of the ethereum blockchain (eth), the metamask electronic wallet, the trustwallet or any such other service or entity, including but not limited to any losses, damages or claims arising from:
· User error, such as forgotten passwords or incorrectly construed smart contracts or other transactions.
· Server failure or data loss.
· Corrupted wallet files.
· 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 services, ethereum blockchain (eth), the metamask electronic wallet, the trustwallet or any such other service or entity.
Onyx Games has no control over and makes no guarantees or promises with respect to smart contracts. Onyx Games is not responsible for losses, damages or harm due to blockchains or any other features of the ethereum blockchain (eth), the metamask electronic wallet, or the trustwallet or any such other service or entity. 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 blockchain (eth), the metamask electronic wallet, the trustwallet or any such other service or entity, including forks, technical node issues, or any other issues having fund losses as a result.
These Terms & Conditions and any related policies or operating rules posted by us on the Services, or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms & Conditions or use of the Services. You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.