Please read the following Terms carefully. By using and/or accessing the Website or the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If at any time you do not agree with these Terms, or do not find the Terms to be reasonable, you may not access or otherwise use the Website or the Services.
1. USER AGREEMENT
1.1 Unless otherwise agreed in writing, these Terms apply to your access and use of the Website and Services. These Terms constitute a legal agreement between you and Kronoverse and shall apply to your use of the Website and the Services even after termination. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and the Services.
1.2 Kronoverse reserves the right to change these Terms from time to time, at any time without prior notice. Any such changes will take effect when posted on the Website. Your continued access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes.
2.1 You must be at least eighteen (18) years of age to access the Website and Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. By accessing the Website and Services, you represent and affirm that you are at least eighteen (18) years of age or older and have the capacity to enter into and be bound by these Terms. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Delaware, Iowa, Louisiana, Maine, Maryland, South Carolina, and Texas (the “Excluded States”) are eligible to open an account and participate in Services offered by the Website.
2.2 In order to use Services provided by the Website, you may be required to provide certain identifying information in order to satisfy our know-your-customer and anti-money-laundering requirements (“KYC/AML Requirements”).
3. ACCOUNTS, DEPOSITS, AND WITHDRAWALS
3.1 You may establish only one account per person to participate in the Services offered on the Website. You must be of legal age in the jurisdiction in which you access the Website or Services in order to create an Account. In the event Kronoverse discovers that you have opened more than one, in addition to any other rights that Kronoverse may have, Kronoverse reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
3.2 You are responsible for maintaining the confidentiality of your login credentials and passwords, including, without limitation, any passwords provided to you by Kronoverse to access the Services, and you accept responsibility for all activities, charges, and damages that occur under your account. You agree that you will not permit access to your login credentials to any other person. It shall be a violation of these Terms to allow any other person to use your account to participate in or access the Services. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. Kronoverse will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
3.3 Your access to one or more Services provided through the Website may be contingent upon satisfaction of our KYC/AML Requirements, which includes, without limitation, verification of your identity and source of funds. You may be required to provide personally identifiable information such as your full name, address, date of birth, bank account information, government-issued photo identification, email address and/or telephone number in order to create an account. If your identity cannot be verified, you may be required to submit additional information or documentation. You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age and identification services to verify your account. You agree to update any information when it changes.
3.4 We reserve the right at any time to investigate your account in order to ensure compliance with these Terms, our KYC/AML Requirements, and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice.
3.5 You may deposit funds in your account upon the providing of necessary information. Kronoverse reserves the right to place a limit on the amount of funds
may deposit at any time. If any deposit is charged back or is otherwise uncollectible for any reason, any winnings generated from participation in Services made available through the Website from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and deducted from your account balance. Kronoverse reserves the right to close your account – without notice – shall a deposit be charged back, or if it is determined that you are not of legal age in order to access the Website or Services, or you have violated any of the Terms.
3.6 In order for you to make any deposits by credit card, you must be the authorized user of such credit card. You agree to immediately notify us of any changes to your credit card account number, its expiration date and/or your billing address in order to make deposits with your credit card. If your credit is cancelled or expired, you must immediately update your credit card prior to future use. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, failure to honor legitimate charges or requests for payment, or any other violation of these Terms will result in immediate termination of your Account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.
3.7 You must follow the necessary procedures in order to request a withdrawal from your account, and you may request a withdrawal of any amount up to the full balance of your account. We may freeze your account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected violation of these Terms, verification of eligibility, or to comply with applicable law.
3.9 We reserve the right to suspend, disable, or terminate your Account within our sole discretion, including, without limitation, if it is determined that you are not of legal age in order to access the Website, or you have violated any of the Terms.
4. REFUND POLICY
4.1 All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
5. DIGITAL WALLET, CRYPTOCURRENCY, AND BLOCKCHAIN
5.1 You may be required to set up a digital wallet in order to track cryptocurrency and use the Services (the “Wallet”). At no point will Kronoverse ever take custody or control over cryptocurrency stored in your Wallet. The Wallet is only capable of supporting certain cryptocurrency. Under no circumstances should you attempt to store cryptocurrency in your Wallet that the Wallet does not support. Kronoverse does not operate or provide crypto exchange services. Kronoverse may utilize a third party service provider for the purpose of providing Wallet services (“Third Party Wallet Provider”).
5.2 All cryptocurrency transactions made with the Wallet must be confirmed and recorded by the Third Party Wallet Provider. Kronoverse has no control over the Third Party Wallet Provider and therefore cannot and does not guarantee that the Third Party Wallet Provider will confirm any transaction details you submit via our Services. You agree and understand that the transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Third Party Wallet Provider used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any cryptocurrency or make any warranties whatsoever with regard to title.
5.3 Once you have submitted transaction details, you acknowledge that we cannot assist you in cancelling or modifying the transaction.
5.4 In the event of a situation or occurrence that renders us unable to support activity related to your cryptocurrency, you acknowledge that transactions may not be completed, completed partially, incorrectly completed, or substantially delayed, and that Kronoverse is not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by such situation or occurrence.
5.5 You agree to be bound by the terms and conditions of the Third Party Wallet Provider, and to address any questions or concerns regarding your Wallet directly to the Third Party Wallet Provider.
5.6 You are solely responsible for storing a backup of any Wallet, private key, password, or other transaction information necessary to access the Wallet. If you do not maintain a backup of your Wallet data outside of the Services, you may not be able to access cryptocurrency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services and/or may otherwise lose access to cryptocurrency. You are solely responsible for remembering, storing and keeping secret your Wallet password, agree to take responsibility for all activities that occur under your Wallet, and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You agree Kronoverse cannot
assist you with Wallet password retrieval and is not responsible for maintaining this data on your behalf.
5.7 Kronoverse may charge a fee for your use of the Services, including, without limitation, blockchain transactions and/or receiving, sending, or controlling cryptocurrency. All fees will be displayed prior to you incurring the fee. Network fees (including, without limitation “miner’s fees”) required to use a cryptocurrency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You are solely responsible for paying any such fee and Kronoverse will neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
6.1 Kronoverse may use a third party service provider to facilitate conversion services (“Conversion Services”) on the Website (“Third Party Conversion Provider”). You agree that Kronoverse is not your counterparty in any transaction completed via a Third Party Conversion Provider and cannot be held liable for any loss caused by the Third Party Conversion Provider.
6.2 Kronoverse may display applicable conversion rates that may include a fee. You agree to pay all fees charged for utilizing Conversion Services. Kronoverse may implement Conversion Service transaction limits that may be modified in our sole discretion.
6.3 You may be required to satisfy our KYC/AML Requirements prior to using Conversion Services. You agree that you may not cancel, reverse or change any Conversion Service transaction. We reserve the right to suspend, delay, redirect, reverse or cancel any Conversion Service transaction at any time if our Third Party Conversion Provider or we suspect any risk of fraud, crime, breach of these Terms, or illicit activity and you agree we will not be liable for any resulting loss.
6.4 You agree to be bound by the terms and conditions of the Third Party Conversion Provider, and to address any questions or concerns regarding your Wallet directly to the Third Party Wallet Provider.
7. RISK FACTORS
7.1. You acknowledge that there are risks associated with utilizing Services involving cryptocurrency including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your public and private keys or passwords. You agree that Kronoverse will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services or resulting from a Third Party Wallet Provider or Third Party Conversion Provider, however caused.
7.2 You accept and acknowledge that there are risks associated with utilizing any cryptocurrency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to network protocol. You acknowledge that Kronoverse has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
7.3 The risk of loss in using Services involving cryptocurrency may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable and are outside of our control.
7.4 Cryptocurrency is not legal tender and is not backed by any sovereign government. In addition, the legislative and regulatory landscape around cryptocurrency is constantly changing and may affect your ability to use, transfer, or otherwise utilize cryptocurrency, including, without limitation, through Services provided on the Website.
8. BATTLEGROUNDS/GAMES OF SKILL
8.1 Part of the Services offered by Kronoverse is the ability to enter Battlegrounds. Users will be able to visit the Website and view the Battle Grounds available for entry. Each individual Battleground that is not free to enter will have an entry fee listed. When you select to participate in a Battleground and complete the entry process, the applicable free will be debited from your Kronoverse account.
8.2 Services offered on the Website, including, without limitation, participating in Battlegrounds, constitute games of skill. Winners are determined by the objective criteria described in the Battleground Rules, scoring, and any other applicable documentation associated with the Battleground. Individuals are required to use their relevant skill, strategy, and knowledge in participating in the Battlegrounds. For more information regarding participation in Battlegrounds, see [ ] (“Rules”). The Website, Services, or Battlegrounds may not be used for any form of illicit gambling.
8.3 Kronoverse reserves the right, in its sole and absolute discretion, to deny any user the ability to participate in Battlegrounds for any reason whatsoever. Kronoverse may, in its sole and absolute discretion, invalidate any Battleground result for the purpose of preventing any violation of these Terms, Battleground Rules, abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such violation of these Terms, Battleground Rules, or abusive, illegal, or unfair activity.
9. CONDITIONS OF PARTICIPATION
9.1 By entering a Battleground and/or otherwise using the Services, you agree to be bound by these Terms, the Rules for such Battleground, and the decisions of
Kronoverse, which shall be final and binding in all respects. Kronoverse, at its sole discretion, may disqualify any entrant from a Battleground, refuse to award benefits or prizes, and/or require the return of any prizes if the you engage in conduct or otherwise utilize any information that Kronoverse deems to be improper, unfair or otherwise adverse to the operation of the Battleground or is in any way detrimental to other entrants. In the event it is determined your use of the Website or Services is in a manner not consistent with these Terms, Kronoverse reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend these Terms as applied to your use and access of the Website. The following activities are expressly prohibited:
● Submitting false, misleading, or inaccurate personal information to create an account, enter a Battleground, or claim a prize;
● Engaging in any type of financial fraud including unauthorized use of credit instruments to create an account, enter a Battleground, or claim a prize;
● Colluding with any other individual(s) or engaging in any type of syndicate play;
● Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or any user for any purpose;
● Using the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
● Using the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
● Using or attempting to use another user’s Wallet or credentials without authorization;
● Developing any third-party applications that interact with our Services without our prior written consent;
● Tampering with the administration of Services or trying to in any way tamper with the computer programs or any security measure associated with any Services;
● Obtaining other users information;
● Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Website;
● Abusing the Website or Services in any way;
● Taking any action that infringes or violates Kronoverse’s or a third party’s rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward Kronoverse or any third party;
● Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any Website content or any portion of the Website for any purpose not expressly permitted by these Terms;
● Running, framing, or otherwise displaying Website content on other website;
● Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website;
● Attempting to gain unauthorized access to the Website or Services through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;
● Using or accessing the Website or its Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible; or
● Modifying, adapting, translating or creating derivative works based upon the Website or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SERVICES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND KRONOVERSE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
9.2 By accessing the Website or Services, entering into a Battleground or accepting any prize, you agree to indemnify, release and to hold harmless Kronoverse, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Battleground, (ii) the receipt, ownership, use or misuse of any prize, (iii) your use or attempted use of the Website and/or the Services; (iv) your violation of these Terms or any Battleground Rules; (v) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any
of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
9.3 By entering into a Battleground or accepting any prize, to the extent allowable by law, you grant Kronoverse and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. Kronoverse may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
9.5 Kronoverse is not responsible for any incorrect, invalid or inaccurate information provided by users of the Website; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in a Battleground), including without limitation any injury or damage to you or any other person's computer or video equipment relating to or resulting from accessing the Website or Services or participation in a Battleground; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to Wallets or accounts; data that is processed late or incorrectly or is incomplete or lost due to computer or electronic malfunction, or the Internet, or any service provider's facilities, or any website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
9.6 If for any reason a Battleground is not capable of running as originally planned, or if a Battleground, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Battleground in accordance with the Terms or applicable Battleground Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Kronoverse, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Battleground, Kronoverse reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Battleground. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
9.7 Participation in Battlegrounds must be made only as specified in these Terms and Battleground Rules. Failure to comply with these Terms or Battleground Rules will result in disqualification and, if applicable, prize forfeiture.
10. VIRTUAL ITEMS
10.1 Kronoverse may allow you to obtain, purchase or earn virtual items (collectively, the “Virtual Items”) all for use on the Website or Services, including, without limitation, the Battlegrounds. You may receive free Virtual Items based upon bonuses, rewards, and/or via other methods provided by Kronoverse through use of the Services. You may also earn Virtual Items by winning Battlegrounds. You can use Virtual Items to play Battlegrounds, or to participate in other Services that may be offered on the Website. Kronoverse may also provide you the opportunity to purchase Virtual Items through the Website for a fee. Your purchase of any Virtual Item is final and is not refundable, except as otherwise required by applicable law. Prices and availability of Virtual Items are subject to change without notice.
10.2 You acknowledge that you do not in fact “own” Virtual Items. By acquiring or purchasing Virtual Items, you obtain an exclusive limited and revocable license to a digital product for use only in the Websitewithin Kronoverse’s platform, including, without limitation, the Website, Battlegrounds, and any other games or developments created for placement within Kronoverse’s ecosystem. This license is personal to the owner of the account, and allows you the right to sell and/or otherwise transfer Virtual Items to other account holders authorized to use the Services. Notwithstanding, Kronoverse reserves all rights in and to the Virtual Items not otherwise granted herein, and your right to use the Virtual Items shall be subject to the following:
● You agree to not file for copyright or trademark rights, reproduce, re-engineer, distribute, or otherwise use the Virtual Items in any manner that may affect Kronoverse intellectual property rights as the creator of such Virtual Items. You further understand that use of the Virtual Items does not grant you any intellectual property rights in or to the Virtual Items.
● You agree that Kronoverse maintains sole and exclusive ownership in and to the Virtual Items, and that the exclusive license granted herein does not allow you to use the Virtual Items in any manner except as set forth in these Terms. Virtual Items shall be treated as Kronoverse’s Intellectual Property (as defined in Section 15 of these Terms).
10.3 Any attempt to transfer, sell or perform other action related touse Virtual Items, except as allowed by these Terms, may subject the account holder to termination of his of her account, a lifetime ban from using the Website or Services, and/or legal action. We reserve the right to take any other action or additional action we deem appropriate
in our sole discretion in the event we believe that an account holder has violated these Terms.
11. BATTLEGROUND PRIZES
11.1 All prizes will be made known prior to entering a Battleground. Prizes will only be awarded if a Battleground is completed. Kronoverse reserves the right to cancel Battlegrounds at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms.
11.2 Various Virtual Items may be offered in connection with Battlegrounds offered by the Website. Each Battleground is governed by its own set of Rules. Kronoverse encourages you to read Battleground Rules before participating.
11.3 Kronoverse reserves the right to verify your compliance with these Terms, KYC/AML Requirements, or Battleground Rules, prior to the awarding of any prizes. Prizes won are added to the winning participants account.
11.4 All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of Battlegrounds, Kronoverse reserves the right in its sole discretion to determine whether or not to award such prizes.
12. THIRD PARTY WEBSITES
12.1 From time to time, Kronoverse may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. The Third Party Wallet Provider and Third Party Conversion Provider are included as Third Party Websites. You agree that Kronoverse is not responsible, nor does it have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, Kronoverse’s approval or endorsement of the Third Party Website. Kronoverse cannot and will not be held responsible for any materials or content provided by Third Party Websites, or any subsequent links. Any reliance on or use of the materials or content found on Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance
13. DISCLAIMER OF WARRANTIES
13.1 THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KRONOVERSE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO
REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. KRONOVERSE DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2 KRONOVERSE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, KRONOVERSE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES. KRONOVERSE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
13.3 THE KRONOVERSE ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
14. LIMITATION OF LIABILITY
14.1 UNDER NO CIRCUMSTANCES SHALL THE KRONOVERSE, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "KRONOVERSE ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS PROFITS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE OR SERVICES; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KRONOVERSE OR
LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR SERVICES;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR IF THE KRONOVERSE ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE KRONOVERSE ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14.2 IN NO EVENT SHALL THE KRONOVERSE ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE KRONOVERSE ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KRONOVERSE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY KRONOVERSE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE OR OTHER PROPERTY OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Kronoverse, subject to copyright and other intellectual property rights. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kronoverse reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
15.2 You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use materials provided by the Website in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from our Services without our express, written permission.
16. DISPUTE RESOLUTION
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT
16.1 Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website or Services (each a “Claim”) shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, the Parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in in the county in which you reside, or another mutually agreeable location. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees.
16.2 Notwithstanding the foregoing arbitration provisions, in no event shall Kronoverse be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed Intellectual Property rights in any court(s) of competent jurisdiction, and through your use of the Website and its Services, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.
17.1 These Terms shall be governed by the internal substantive laws of the state of FloridaDelaware, without respect to its conflict of laws principles.
17.2 Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
17.3 Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the Parties.
17.4 It is your responsibility to determine what, if any, taxes apply due to your use of Services, including, without limitation, conversion and/or blockchain services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Kronoverse is not responsible for determining whether taxes apply to your cryptocurrency transactions or for collecting, reporting, withholding or remitting any taxes arising from any cryptocurrency transactions.
17.5 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
17.6 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kronoverse's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.7 The failure of the Parties to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities, power failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely, or other event beyond Kronoverse’s reasonable control will not be considered a breach of these Terms.
17.8 These Terms shall be binding on your successors, heirs, personal representatives, and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign rights or delegate duties under these Terms to an affiliate or subsidiary in our sole discretion.
17.9 These Terms constitute the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties.
17.10 If you have any questions or concerns regarding these Terms, Website, or Services, please contact us at [ ].
18. MOBILE APPLICATION
18.1 These Terms shall also apply to the use of the “CryptoFights Mobile Application” (“Mobile Application”). Any reference to the Website in these Terms shall also be deemed to include the Mobile Application.