TERMS OF USE
Version 1.0 – 31 March 2021
WELCOME TO AVAXTARS ONLINE GAME. BY USING OR ACCESSING AVAXTARS (AS DEFINED BELOW), BY CALLING AN ACTION ON AN AVAXTARS’ 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 AVAXTARS 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 AVAXTARS (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.
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 AVAXTARS.
AVAXTARS shall mean any and all of (i) any AVAXTARS smart contract, meaning a smart contract installed on any of the following accounts on the AVALANCHE blockchain: AVAXTARS (AVXT) and any other Smart Contracts giving reference to the AVAXTARS 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 AVAXTARS and/or AVAXTARS’ smart contracts. AVAXTARS 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 AVAXTAR ERC-721 NFT Token shall mean an account initially created by AVAXTARS and released to the users of AVAXTARS.
Permitted Use shall have the meaning ascribed in Section 3.4 of this Agreement.
Any Gear, Weapon, Skill, or Vehicle 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 AVAXTARS NFTs exists as a row. Reverse Engineer shall mean the examination or analysis of AVAXTARS 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 "avaxtars.com" (or such other URL as the website may subsequently be hosted at; the Website).
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 AVAXTARS.
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.
3.1 Rights
Unless otherwise stated in this Agreement, AVAXTARS is the owner or licensee of all rights including all copyrights, trademarks, and other intellectual property rights relating to or included within AVAXTARS, 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 AVAXTARS, 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 AVAXTARS.
Grant of License
AVAXTARS 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 AVAXTARS 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 AVAXTARS and any results generated through and/or in connection with AVAXTARS 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 AVAXTARS 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 AVAXTARS. You may not use AVAXTARS 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 AVAXTARS, 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 AVAXTARS or elements thereof. You may not perform in-game services during your use of AVAXTARS, the Website, Materials, or Services for any form of compensation outside of AVAXTARS. 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 AVAXTARS or any other person or entity associated with AVAXTARS. AVAXTARS 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 AVAXTARS. In such event, you hereby agree to immediately remove from public access or alter, as instructed by AVAXTARS, upon the first request of AVAXTARS, any such content and that you will not pursue AVAXTARS 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 AVAXTARS’ commenting functions or other forms of communication within AVAXTARS 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 AVAXTARS (AVXT) tokens:
You may use your AVXT Tokens outside of AVAXTARS. You acknowledge and agree that any affiliation between yourself and third parties via AVXT Tokens does not create or otherwise be deemed to constitute the basis of an association between AVAXTARS and yourself and/or such third parties. You acknowledge and agree that you are using AVXT with third parties within your sole responsibility and at 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. AVAXTARS shall not be liable for any damage you incur through 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 AVAXTARS, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of AVAXTARS, its user interface, and/or its operating principles. No reverse engineering: You may not Reverse Engineer AVAXTARS or otherwise attempt in any way to derive or otherwise determine the source code for the operation of AVAXTARS.
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 AVAXTARS, 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 AVAXTARS, 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 AVAXTARS's written approval, you may not use any of AVAXTARS's or AVAXTARS' 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 AVAXTARS.
3.15 No unauthorized use of meta tags:
Without AVAXTARS's written approval, you may not use any meta tags or other hidden text which incorporate AVAXTARS'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 AVAXTARS to make such interface information available as required by applicable law.
Any use of AVAXTARS other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of AVAXTARS to ensure that you are adhering to the Permitted Use rules.
To acquire or make full use of AVAXTARS and any of the Website, Materials, and Services you will need to use your Avalanche C-Chain Wallet Address via Metamask. At any time AVAXTARS 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 AVAXTARS are correct. In addition, you acknowledge that you are aware that the Game can have 18 years+ classifications 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 AVAXTARS, the Website, Materials, and Services (any such usernames or identifiers "Usernames"). Usernames may be viewable by other users of any of AVAXTARS, the Website, Materials, and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.
AVAXTARS 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 AVAXTARS, the Website, or anywhere else related to the Materials and Services (including as part of the AVAXTARS' gameplay) where they appear or are stored.
AVAXTARS 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, AVAXTARS 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 an event, you agree that AVAXTARS will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by AVAXTARS within 7 calendar days of such Ban, any Ban by which your access to your User Account is fully canceled shall be deemed as 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.
AVAXTARS may also, where it believes such action is necessary, without notice, block IP addresses of any users who AVAXTARS believes, at its sole discretion, have breached these Terms of Use.
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 third-party access to your User Account without first obtaining AVAXTARS'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 AVAXTARS 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 for ensuring that any process, devices, and/or services you employ to access or use AVAXTARS 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, AVAXTARS 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 AVAXTARS or any of the Website, Materials, and Services.
6.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs or AVXT Token, you will have no ownership rights in any Virtual Items in AVAXTARS. Such Virtual Items may be modified, replaced, altered, or removed by AVAXTARS 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 AVXT Token
AVAXTARS may from time to time offer "AVXT Token" for purchase or as an award for certain achievements within AVAXTARS' gameplay in accordance with the procedures and further terms specified within AVAXTARS' sole discretion. Units of AVXT 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 AVAXTARS, as may be offered from time to time. AVXT 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 AVXT Token are final and non-refundable to the extent permissible under applicable laws. AVXT Token does not constitute the personal property, has no cash value, and has no value outside of AVAXTARS and/or the Services. Other than within the gameplay of AVAXTARS, AVXT Token may not be transferred or sold to any other person.
6.3 NFTs
Notwithstanding the above, AVAXTARS' gameplay allows its users to own certain specific virtual assets, as AVAXTARS 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 AVAXTARS' gameplay. Such NFTs are subject to the following policy:
6.3.1 Distribution of NFTs:
NFTs can be earned within AVAXTARS in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of AVAXTARS, from time to time. In addition, AVAXTARS 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 AVAXTARS 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 AVAXTARS, the Website, Materials, and/or Services, or to third parties. Unless otherwise agreed with AVAXTARS in writing, users of AVAXTARS, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by AVAXTARS.
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). AVAXTARS 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 AVAXTARS 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 AVAXTARS. AVAXTARS reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at AVAXTARS'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:
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.
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 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, AVAXTARS shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to AVAXTARS or such third party as AVAXTARS may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of AVXT Tokens from the End User and to retransfer such NFTs, against such consideration (if any) as AVAXTARS may deem appropriate within its sole discretion, to itself or third parties.
6.5 Loss of access
If AVAXTARS'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 AVXT 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 AVXT Tokens following termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, AVAXTARS 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 AVXT Tokens 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 laws in certain jurisdictions. You acknowledge that you may not use AVAXTARS to engage in any such activities and that AVAXTARS makes no representation in respect of, or otherwise in connection with, the suitability of AVAXTARS and/or any output generated by using AVAXTARS, to engage in any regulated activity or AVAXTARS' or such output's compliance with laws and regulations applicable to such activities. AVAXTARS 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 AVAXTARS and/or any output generated by using AVAXTARS.
This Posting Policy applies to any comments you post or any statements you make in any manner in connection with AVAXTARS, 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 AVAXTARS gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts").
Posts may neither, without the prior written approval of AVAXTARS:
- 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 AVAXTARS 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 AVAXTARS a perpetual, non-revocable, worldwide, and royalty-free license to:
- make use of any Posts as AVAXTARS deems appropriate in relation to AVAXTARS and/or any of the Website, Materials, and Services or the promotion of the same; and
- sub-license third parties, on such terms as AVAXTARS, deems appropriate, to make use of any Posts as AVAXTARS deems appropriate in relation to any to AVAXTARS 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 AVAXTARS 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.
AVAXTARS 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 AVAXTARS, the Website, or anywhere else related to the Materials and Services (including as part of the AVAXTARS' gameplay) where they appear or are stored.
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 AVAXTARS 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 AVAXTARS, 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 AVAXTARS 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 AVAXTARS a perpetual, non-revocable, worldwide, and royalty-free license to:
- make use of any Posts as AVAXTARS deems appropriate in relation to AVAXTARS and/or any of the Website, Materials, and Services or the promotion of the same; and
- sub-license third parties, on such terms as AVAXTARS, deems appropriate, to make use of any Posts as AVAXTARS deems appropriate in relation to any to AVAXTARS and/or any of the Website, Materials, and Services or the promotion thereof.
AVAXTARS 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 AVAXTARS, the Website, or anywhere else related to the Materials and Services (including as part of the AVAXTARS' gameplay) where they appear or are stored.
AVAXTARS may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to AVAXTARS on such terms as AVAXTARS may determine within its sole discretion.
At all times, AVAXTARS retains the right to use and/or dispose of the Rights as AVAXTARS, 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, AVAXTARS has the right, but no obligation, to maintain, modify and/or update AVAXTARS within its sole discretion. AVAXTARS may, but has no obligation to, provide technical support in respect of AVAXTARS.
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 AVAXTARS.
AVAXTARS does not undertake to keep any of the Website, Materials, or Services updated. To the greatest extent permitted by law, AVAXTARS 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 the 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 as a result of or contributed to by the negligence of AVAXTARS.
AVAXTARS reserves the right but has no obligation, to license updated iterations of AVAXTARS separately and under different terms.
11.1 Use of Data by AVAXTARS
You agree that AVAXTARS 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 AVAXTARS. AVAXTARS may use this information in a form that does not identify individuals.
AVAXTARS 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 remedies 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 to AVAXTARS's privacy policy, as amended from time to time (the "Privacy Policy"). The Privacy Policy, as currently in force, is available on the AVAXTARS website
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general AVAXTARS gameplay) relating to you or your use of any of AVAXTARS, the Website, Materials and Services held by AVAXTARS or any third-party on behalf of or in coordination with AVAXTARS is lost, corrupted or otherwise no longer reasonably available or accessible as determined by AVAXTARS in its sole discretion, you agree that to the greatest extent permissible at law AVAXTARS will have no liability to you of any nature relating to any such information or data.
AVAXTARS does not make any representation or give any warranty in respect to any characteristics of AVAXTARS. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while AVAXTARS has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of AVAXTARS, the Website, Materials, and Services, we do neither represent nor warrant that:
- AVAXTARS runs uninterrupted and error-free;
- the use of AVAXTARS is fit for any particular purpose and does not infringe upon any third party's intellectual property rights;
- any information contained in AVAXTARS 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 AVAXTARS at your sole risk. AVAXTARS is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.
To the maximum extent allowed by law, AVAXTARS's liability towards you and your associates (whether contractual or otherwise) with respect to this Agreement and the use of AVAXTARS shall be limited to damages resulting from willful misconduct by AVAXTARS.
You herewith undertake, irrespective of any fault and knowledge, to fully compensate and indemnify AVAXTARS and/or any of its corporate bodies, affiliates, and related parties (as directed by AVAXTARS) against any and all damage incurred or sustained in contract, tort, equity, statute, regulation or otherwise by AVAXTARS 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 AVAXTARS, 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 AVAXTARS infringe on any third party's intellectual property rights, you (and not AVAXTARS) will be responsible to bear the cost of the investigation, defense, settlement and discharge of any such claim. You will, however, promptly notify AVAXTARS in writing of such a claim and AVAXTARS shall have the right, within its sole discretion, to direct any procedural actions in which it has a direct or indirect interest.
Links to external websites are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by AVAXTARS of any of the products, services, or opinions of the relevant entity or organization, or individual. AVAXTARS bears no responsibility for the accuracy, legality, or content of external sites or for subsequent links. AVAXTARS 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.
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.
You understand and agree that observance of your obligations hereunder is of significant importance to AVAXTARS and that, if you breach this Agreement, AVAXTARS 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, AVAXTARS 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).
AVAXTARS has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure effective enforcement of your obligations under this Agreement. In such an event, you fully waive any right you may have under applicable laws to request the provision of securities by AVAXTARS.
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 to the end of the relevant term.
This Agreement (and therefore your right to make Permitted Use of AVAXTARS) shall be terminated with immediate effect in the event that an Incremental Fee is not paid within the applicable 10-day period.
In addition, AVAXTARS may terminate this Agreement if, at our sole discretion, we determine that there has been a breach of these Terms of Use, a material breach of any other agreement between the Parties, or a violation of the 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 AVAXTARS 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 expiry or termination of this Agreement on any NFTs are governed by Section 6 hereof.
20.1 Notifications
Whenever a registration will start for your User Account, but in any event before using AVAXTARS, you will provide to AVAXTARS a valid email address (the "Notification Address"). You acknowledge and accept that AVAXTARS shall send any notifications to you hereunder (also including any invoice), by way of a simple unencrypted email to the Notification Address. Any such notification shall be deemed received when it is sent by AVAXTARS 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 AVAXTARS in writing prior to any change of the Notification Address.
Notices to AVAXTARS shall be made by registered mail to AVAXTARS's registered address.
20.2 Amendments
AVAXTARS reserves the right to amend this Agreement from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials, and Services thereafter will be deemed to as acceptance by you of any such changes to this Agreement.
20.3 Assignment
You may not assign any of your rights or obligations hereunder, whether by operation of the law or otherwise.
20.4 No Waiver
The failure of AVAXTARS 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.
20.5 Severability
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.
20.6 Applicable Law and Jurisdiction
To the maximum extent allowed under applicable laws, this Agreement is governed by the substantive laws of Turkey, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.
To the maximum extent allowed under applicable laws, all disputes under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the ordinary courts of Turkey, and each of the parties undertakes to fully subject itself to such jurisdiction, always provided that each of the parties shall be entitled to seek preliminary measures and injunctive relief before any competent court according to applicable law.
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