Acceptance shall have the meaning ascribed in the header of this Agreement.
Applicable Law means, with respect to any person or entity, any transnational, domestic or foreign federal, cantonal, other state level or local law (statutory, common or otherwise), constitution, treaty, convention, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement enacted, adopted, promulgated or applied by a Governmental Authoritythat is binding upon or applicable to such person or entity, as amended unless expressly specified otherwise.
DAO Member Client shall mean the web front end which facilitates calling actions on GOLDMAND and/or a Planetary DAO’s smart contracts. FANTASY NFT 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.
Governmental Authority means the government of any nation, of any political subdivision thereof, whether state or local, and/or of any supra-national body such as the United Nations or and/the European Union), as well as any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.
Party or Parties shall mean, as required by the relevant context, either you or us, or – respectively – you and us collectively.
Permissioned Planet shall mean an account initially created by FANTASY NFT GmbH and released to the users of GOLDMAND that receives a daily allocation of GMD.
Permitted Use shall have the meaning ascribed in Section 3.4 of this Agreement.
Planetary DAO shall mean the account and smart contracts of your Permissioned Planet and its decentralized autonomous community. Atomic Assets Smart Contract means the smart contract installed in the Atomic Assets account on the WAX blockchain (viewable for example at https://wax.bloks.io/account/atomicassets) or any successor digital item standard in the database of which GOLDMAND NFTs exist as a row. Reverse Engineer shall mean the examination or analysis of GOLDMAND to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices.
Section shall mean any section of this Agreement.
Sanctioned Country means, at any time, a country or territory which is the subject or target of any Sanctions
The Website is the website at “goldmand.io” (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 FANTASY NFT.
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.
Unless otherwise stated in this Agreement, FANTASY NFT is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within GOLDMAND, 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 GOLDMAND, 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 GOLDMAND.
3.2 Grant of License
GOLDMAND is licensed, not sold, to you with the scope set out below.
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 GOLDMAND and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.
3.4 Permitted Use
Your use of GOLDMAND and any results generated through and/or in connection with GOLDMAND must adhere to the Scope and rules set forth in this Section (“Permitted Use”):
Observation of Applicable Law, gambling regulations, restrictive measures/sanctions:
You may use GOLDMAND, the Website, Materials and Services only as and to the extent permitted by Applicable Law. Without limitation to the generality of the foregoing, you may not use the game: (i) if such use would cause any digital asset or item within or in connection with GOLDMAND to be interpreted as a regulated asset or instrument under Applicable Law (it being understood that the digital assets or items used within GOLDMAND are designed and intended solely in order to fulfill a specific purpose within the gameplay of GOLDMAND); (ii) in any jurisdiction in which its distribution, marketing, licensing or use would require a gambling license, registration or similar accreditation under Applicable Law; (iii) in any Sanctioned Country and/or if you are a Sanctioned Person.
Observation of FANTASY NFT policies:
You must not use GOLDMAND, the Website, Materials and Services if you are under 18 years of age.
Commercial use, streaming, video sharing:
The license is for personal and non-commercial use, it does not comprise the right to commercialize GOLDMAND or elements thereof. You may not perform in-game services during your use of GOLDMAND, the Website, Materials or Services for any form of compensation outside of GOLDMAND. 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 User Content & Posting and Image Policies, (b) be accessible to the general public free of charge and © 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 FANTASY NFT or any other person or entity associated with GOLDMAND. FANTASY NFT 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 GOLDMAND. In such event, you hereby agree to immediately remove from public access or alter, as instructed by FANTASY NFT, upon first request of FANTASY NFT, any such content and that you will not pursue FANTASY NFT for any actual or potential loss you may incur in connection with such removal or alteration.
Comments and other forms of communication:
You may use Goldmand's commenting functions or other forms of communication within GOLDMAND only in accordance with and in observation of (a) the user content and posting policy pursuant to section 8 hereof (the “User Content & Posting Policy”) and (b) the image policy pursuant to section 9 hereof (the “Image Policy”).
No modifications, tampering or circumvention:
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of GOLDMAND, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of GOLDMAND, its user interface and/or its operating principles.
No reverse engineering:
You may not Reverse Engineer GOLDMAND or otherwise attempt in any way to derive or otherwise determine the source code for the operation of GOLDMAND.
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 GOLDMAND, the Website, Materials or Services other than in accordance with the License.
You may, in principle, use multiple accounts per blockchain to interact with GOLDMAND, including to exercise voting rights within a Planetary DAO, always provided that you may not use multiple accounts per blockchain:
to enable more than one candidacy per End User to the planetary council of a Planetary DAO;
to unduly multiply voting power of the same digital asset (in no event are you allowed to breach the 1 token 1 vote principle); and
to effect mining actions within GOLDMAND (only a single account may be used by each End User for mining purposes).
No use of bots:
You may not use any automated software or “bots” in relation to your access or use of GOLDMAND, the Website, Materials or Services.
No overload, no misuse:
You may not knowingly perform any actions that may cause the computers used to support GOLDMAND (the “Servers”), the GOLDMAND code and/or, without limiting the generality of the foregoing, the GOLDMAND APIs, to become overloaded, to slow down materially, to malfunction and/or to crash.
No unauthorized server access:
You may not connect to the Servers through any software other than the authorized game client software.
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.
No unauthorized use of trademarks, logos, proprietary names and graphics:
Without FANTASY NFT’s written approval, you may not use any of FANTASY NFT’s or GOLDMAND’ 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 GOLDMAND.
No unauthorized use of meta tags:
Without FANTASY NFT’s written approval, you may not use any meta tags or other hidden text which incorporate FANTASY NFT’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 Applicable Law or the 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 FANTASY NFT to make such interface information available as required by applicable law.
Any use of GOLDMAND other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your and/or other users’ adherence to the Permitted Use rules.
4. Account Registration, Username
To acquire or make full use of GOLDMAND and any of the Website, Materials and Services you will need to register for an Goldmand user account (“User Account”). By registering for a User Account, you warrant that all information and personal details you provide to FANTASY NFT are correct. In addition, you acknowledge that you are aware that the Game can have an 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 will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use of GOLDMAND, the Website, Materials and Services (any such usernames or identifiers “Usernames”). Usernames may be viewable by other users of any of GOLDMAND, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.
FANTASY NFT 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 GOLDMAND, the Website or anywhere else related to the Materials and Services (including as part of the GOLDMAND’ gameplay) where they appear or are stored.
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 FANTASY NFT’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 FANTASY NFT 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 GOLDMAND 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, FANTASY NFT 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 GOLDMAND or any of the Website, Materials and Services.
6. Virtual Items, GMD, NFTs
6.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs or GMD, you will have no ownership rights in any Virtual Items in GOLDMAND. Such Virtual Items may be modified, replaced, altered or removed by FANTASY NFT at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.
FANTASY NFT may from time to time offer “GMD” for purchase or as an award for certain achievements within GOLDMAND’ gameplay in accordance with the procedures and further terms specified within FANTASY NFT’s sole discretion. Units of GMD may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may be used to pay for certain other Virtual Items, advantages and services within or in connection with GOLDMAND, as may be offered from time to time. GMD 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 other cryptocurrency. All sales of GMD are final and non-refundable to the extent permissible under Applicable Law. GMD does not constitute personal property, has no cash value, and has no value outside of GOLDMAND and/or the Services. Other than within the gameplay of GOLDMAND, GMD may not be transferred or sold to any other person.
Notwithstanding the above, GOLDMAND’ gameplay allows its users to own certain specific virtual assets, as FANTASY NFT may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX 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 GOLDMAND’ gameplay. Such NFTs are subject to the following policy:
Distribution of NFTs:
NFTs can be earned within GOLDMAND in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of FANTASY NFT, from time to time. In addition, FANTASY NFT 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 FANTASY NFT may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user, or group of users of GOLDMAND, the Website, Materials and/or Services or to third parties. Unless otherwise agreed with FANTASY NFT in writing, users of Goldmand, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by FANTASY NFT.
Purchase of NFTs:
To purchase NFTs, you must have (i) an active User Account and (ii) an active WAX compatible digital wallet (a WAX-Account). FANTASY NFT 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 FANTASY NFT may specify at its sole discretion from time to time.
Transfer of NFTs:
NFTs are not designed to be transferred other than within and as required by the gameplay of GOLDMAND. FANTASY NFT reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at FANTASY NFT’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 WAX platform are public and that your WAX 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 WAX 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.
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 Atomic Assets Smart Contract on the WAX 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 GOLDMAND, 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 and/or increase their value. You might lose money.
(iv) The WAX 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 WAX 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) Atomic Assets 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 WAX 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 WAX 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, FANTASY NFT shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to FANTASY NFT or such third party as FANTASY NFT may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of GMD from the End User and to retransfer such NFTs, against such consideration (if any) as FANTASY NFT may deem appropriate within its sole discretion, to itself or third parties.
6.5 Loss of access
If FANTASY NFT’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 GMD. 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 GMD following a termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, FANTASY NFT 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 GMD to the End User.
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 Law in certain jurisdictions. You acknowledge that you may not use GOLDMAND to engage into any such activities and that FANTASY NFT makes no representation in respect of, or otherwise in connection with, the suitability of GOLDMANDand/or any output generated by using GOLDMAND, to engage into any regulated activity or GOLDMAND’ or such output’s compliance with laws and regulations applicable to such activities. FANTASY NFT 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 Law 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 GOLDMAND and/or any output generated by using GOLDMAND.
8. User Content & Posting Policy
This User Content & Posting Policy applies to any content you post or any statements you make in any manner in connection with GOLDMAND, 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 GOLDMAND gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services (“User Content”).
Posts may neither, without the prior written approval of FANTASY NFT:
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 FANTASY NFT 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 Law 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 FANTASY NFT a perpetual, non-revocable, worldwide and royalty-free license to:
– make use of any User Content as FANTASY NFT deems appropriate in relation to GOLDMANDand/or any of the Website, Materials and Services or the promotion of the same; and
– sub-license third parties, on such terms as FANTASY NFT deems appropriate, to make use of any User Content as FANTASY NFT deems appropriate in relation to any to GOLDMAND and/or any of the Website, Materials and Services or the promotion thereof.
You herewith unconditionally represent that, as of the date of any User Content:
– you own all rights to your User Content or, alternatively, that you have all necessary rights to grant FANTASY NFT 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 User Content; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
FANTASY NFT reserves the right without notice, explanation or liability to:
restrict or remove your ability to make and/or share User Content;
disallow the posting of any specific User Content;
edit any specific User Content; and/or
fully remove any User Content from GOLDMAND, the Website or anywhere else related to the Materials and Services (including as part of the Goldmand 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 GOLDMAND gameplay) (“Images”).
All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark 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 GOLDMAND, 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 FANTASY NFT 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 FANTASY NFT a perpetual, non-revocable, worldwide and royalty-free license to:
– make use of any Posts as FANTASY NFT deems appropriate in relation to GOLDMAND and/or any of the Website, Materials and Services or the promotion of the same; and
– sub-license third parties, on such terms as FANTASY NFT deems appropriate, to make use of any Posts as FANTASY NFT deems appropriate in relation to any to GOLDMAND and/or any of the Website, Materials and Services or the promotion thereof.
FANTASY NFT 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 GOLDMAND, the Website or anywhere else related to the Materials and Services (including as part of the GOLDMAND’ gameplay) where they appear or are stored.
10. Support, Updates, Alterations, Discontinuation
FANTASY NFT may, but has no obligation to, offer and subsequently amend, alter, suspend or discontinue support services with regard to GOLDMAND on such terms as FANTASY NFT may determine within its sole discretion.
At all times, FANTASY NFT retains the right to use and/or dispose of the Rights as FANTASY NFT, 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, FANTASY NFT has the right, but no obligation, to maintain, modify and/or update GOLDMAND within its sole discretion. FANTASY NFT may, but has no obligation to, provide technical support in respect of GOLDMAND.
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 GOLDMAND.
FANTASY NFT does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law FANTASY NFT 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 User Content or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of FANTASY NFT.
FANTASY NFT reserves the right, but has no obligation, to license updated iterations of GOLDMAND separately and under different terms.
11. Use of Data
11.1 Use of Data by FANTASY NFT
You agree that FANTASY NFT 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 GOLDMAND. FANTASY NFT may use this information in a form which does not identify individuals.
11.2 Specific Acknowledgements and Consents with Regard to Data on the Blockchain
GOLDMAND relies on various blockchain protocols for certain of its features, functions and actions, which include, without limitation, the WAX blockchain, the BSC blockchain and the Ethereum blockchain. Through your participation in GOLDMAND, you acknowledge and accept (i) that certain data, which may include personal data, is recorded on and irrevocably and permanently stored on the relevant blockchains, which are not controlled by FANTASY NFT, (ii) that by virtue of its processing and storage on blockchain, any such data is and will irrevocably and permanently remain freely accessible to the public; and (iii) that enabling the relevant features, functions and the ability to perform actions represents, permanently and irrespective of any specific consent, a legitimate interest to process and store, and to make the relevant data available to the public on a blockchain (taking into account the immutable and permanent nature of such processing, storage and availability).
You acknowledge and agree that the foregoing applies in particular, without limitation, to the following data:
– Data identifying your account and wallet, when playing the game, staking digital assets and/or calling actions on an GOLDMAND smart contract; and
– Individual data you submit or otherwise provide through the GOLDMAND user interface and/or Website with regard to your participation in GOLDMAND, such as e.g., user names, images, bio information or other data you submit in connection with your participation in a Planetary DAO, your candidacy for the Planetary Council of a Planetary DAO or any other proposal submitted in the context of a Planetary DAO.
In calling any blockchain actions or in otherwise submitting any data through GOLDMAND, in particular, but not limited to, in submitting or providing data as described above, (x) you consent to such data being processed, stored and made available as described in the foregoing, (y) independently therefrom and in addition thereto, you confirm your acknowledgement and acceptance with regard to the aforementioned legitimate interest in respect of such data being processed, stored and made available irrevocably and permanently; and (z) you waive any right to be forgotten in respect of such data as well as any right to withdraw your consent under (x) above (in contemplation of the immutable and permanent nature of its processing, storage and availability on one or several blockchains).
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 GOLDMAND gameplay) relating to you or your use of any of GOLDMAND, the Website, Materials and Services held by FANTASY NFT or any third-party on behalf of or in coordination with FANTASY NFT is lost, corrupted or otherwise no longer reasonably available or accessible as determined by FANTASY NFT in its sole discretion, you agree that to the greatest extent permissible at law FANTASY NFT will have no liability to you of any nature relating to any such information or data.
13. No Representations and Warranties
FANTASY NFT does not make or give, and upon entering into this Agreement, you have not relied on, any representations or warranties, whether express or implied, in respect of GOLDMAND, any of its functions, characteristics or features, its compliance with Applicable Law, its users or otherwise. All warranties are expressly excluded to the maximal extent permitted under Applicable Law. You use GOLDMAND at your sole risk. GOLDMAND is provided to you on an “as is”-basis, with all faults it may contain. Without limitation to the generality of the foregoing, while FANTASY NFT has endeavored to take all reasonable measures and apply appropriate care in the preparation of the contents of GOLDMAND, the Website, Materials and Services, we do neither represent nor warrant that:
– GOLDMAND runs uninterrupted and error-free;
– the use of GOLDMAND is fit for any particular purpose and does not infringe upon any third party’s intellectual property rights;
– any information contained in GOLDMAND and/or any of the Website, Materials or Services is accurate, adequate, complete or error free or that any User Content or Images are compliant with the User Content & Posting Policy and Image Policy.
Further without limitation to the foregoing, FANTASY NFT makes no representations whatsoever in respect of the actions and/or behavior of third parties, including, but not limited to, other Goldmand users. You acknowledge and agree that neither FANTASY NFT, nor any related party, shall have any obligation, whether express, implied or otherwise, to monitor the activities of and/or to enforce these terms and conditions against any such third parties in the context of GOLDMAND, regardless of how any failure to do so may affect you.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, FANTASY NFT’S LIABILITY TOWARDS YOU AND YOUR ASSOCIATES (WHETHER CONTRACTUAL OR OTHERWISE) WITH RESPECT TO THIS AGREEMENT AND THE USE OF GOLDMAND SHALL BE LIMITED TO DAMAGES RESULTING FROM WILFUL MISCONDUCT BY FANTASY NFT. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN NO EVENT SHALL FANTASY NFT BE LIABLE TO ANOTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, LOST BUSINESS PROFITS OR LOST DATA ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF GOLDMAND.
16. External Links and Third Party Services
GOLDMAND may contain links, references and features that enable you to access other third-party websites or services, which are not owned or controlled by FANTASY NFT (“Third Party Services”). Any such links, references and features are provided as a convenience and for informational purposes only. They do not constitute an endorsement or an approval by FANTASY NFT of any of the products, services or opinions of the relevant entity or organization or individual.
Where the gameplay of GOLDMAND requires Third Party Services for certain functions, e.g. for the custody of digital items or assets, FANTASY NFT does not recommend or mandate the use of any specific Third Party Service.
You are solely responsible for: (i) comprehensively informing yourself about the risks and benefits associated with Third Party Services prior to entering into any transactions with regard to such services; (ii) your selection of Third Party Services you may want to make use of; (iii) any transaction you enter into with a provider of Third Party Services; (iv) any use you make of Third Party Services and (v) the protection of your privacy and data in connection with Third Party Services.
YOU SHOULD EXERCISE CAUTION BEFORE YOU FOLLOW ANY LINKS TO OR ENTER INTO ANY TRANSACTION WITH A PROVIDER OF THIRD PARTY SERVICES.
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 within the meaning of art. 530 et seq. of the Swiss Code of Obligations (CO) and/or any other form of partnership or company, and/or an agency within the meaning of art. 418a et seq. CO.
18. Breach and Remedies
You understand and agree that observance of your obligations hereunder is of significant importance to FANTASY NFT and that, if you breach this Agreement, FANTASY NFT would incur serious losses and other detrimental consequences which might not easily be cured.
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 GOLDMAND) shall be terminated with immediate effect in the event that an Incremental Fee is not paid within the applicable 10 day period.
Upon termination, all licenses granted herein end immediately. You will cease using GOLDMAND 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.
In registering your User Account, but in any event before using GOLDMAND, you will provide to FANTASY NFT a valid email address (the “Notification Address”). You acknowledge and accept that FANTASY NFT shall send any notifications to you hereunder (also including any invoice), by way of simple unencrypted email to the Notification Address. Any such notification shall be deemed received when it is sent by FANTASY NFT to the Notification Address.
You undertake to keep the Notification Address valid and in effect for the entire duration of this Agreement or to promptly notify FANTASY NFT in writing prior to any change of the Notification Address.
Notices to FANTASY NFT shall be made by registered mail to FANTASY NFT’s registered address.
Among other terms, the term “syndicate” may be used to designate a Planetary DAO and the term “pledging” may be used to designate the action and/or the of staking.
– the use of the term “syndicate” shall not be construed to imply any contractual relationship among the members of the relevant Planetary DAO, other than explicitly instituted through DAO Governance; and
– the use of the term “pledging” to designate the action of staking within GOLDMAND shall not be understood to imply the constitution, provision of or the entry into any guarantee, surety, assumption of liability or any other transaction of similar nature or effect.
20.3 Order of Precedence
You may not assign any of your rights or obligations hereunder, whether by operation of the law or otherwise.
20.7 No Waiver
The failure of FANTASY NFT to exercise or enforce any right under this Agreement shall neither be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
If any provision, or portion of a provision, contained in the Agreement is invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the parties in drafting the invalid provision.