Terms & Conditions
Introduction
Welcome to the services operated by Clarnium.
These Terms of Service (“Terms'') govern your access to and use of the Clarnium website, profile, wallet and any dashboard, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, socialize, monetize and gain IGO/INO etc. & scholarships by leveraging your game-related credentials at your own discretion, and accessing to all the level-up ranks by active engagement in Clarnium ecosystem (collectively, the “Service”). Clarnium aims to build a user-owned gaming identity that enables achievement display, friends and games discovery, direct monetization, and can be brought anywhere by the users.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service.
If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Please note we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
Accessing the Service
To access and use our Service, you will need to authorize the association between our Service and your third-party crypto wallet (e.g. Metamask). Your account on Clarnium (“Account”) will then be associated with your wallet address.
By associating your wallet address with our Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure.
If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. You are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that we, in our sole discretion, may elect to take.
The minimum age to use our Ecosystem is 18 years old. By using the Ecosystem, users agree that they are over 18 years old. We are not liable for false statements about age.
Intellectual property
All intellectual property rights on or in connection with our Service and/or in the material published and/or displayed on it are owned or controlled by us or licensed to us. All such rights are reserved. These intellectual property rights include, but are not limited to, patents, utility models, rights to inventions, copyright and related rights, trade-marks and service marks, trade names, utility software, applications, domains, website designs, audio, video, graphics, source code (including source code materials), database rights, goodwill and the right to sue for passing off or unfair competition, rights in designs, and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world. We reserve all rights not expressly granted to you in and to the Service, and any content or material published on the Website or on the Application.
The content and materials on the Website are provided “AS IS” for your information and personal use only.
You must not use any part of the content on our Service for commercial purposes without our express prior written permission.
You have no right to modify copy, adapt, reverse engineer, decompile, disassemble, adapt any hard or digital copies of any materials you have printed off and/or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
If you print off, copy or download any part of our Service in breach of these Terms, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Third-Party Materials
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”).
When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of us. We are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials.
We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
Indemnification
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Clarnium, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Indemnified Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to your violation or breach of any term of these Terms or applicable law, your violation of the rights of or obligations to a third party, including another user or third-party, and your negligence or wilful misconduct.
You agree to promptly notify us of any Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any Claims.
Disclaimer of warranties
THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE MATERIAL AND LINKS PRESENTED ON THE WEBSITE OR ON THE APPLICATION.
WE MAKE NO WARRANTY THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODE.
Assumption of Risk
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Clarnium will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
The Service relies partly on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
If you have a dispute with one or more users or any third party providing links or content on the Service, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SERVICE OR WITH THESE TERMS, OUR PRIVACY POLICY OR ANY OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR ITS CONTENT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE STATED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
THE SERVICE MAY CONTAIN MATERIALS PROVIDED BY THIRD PARTIES. CLARNIUM DISCLAIMS ANY AND ALL LIABILITY FOR SUCH MATERIALS OR FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
Termination
To the fullest extent permitted by applicable law, Clarnium reserves the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons.
To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Clarnium in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
Dispute Resolution
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
This section does not govern disputes between users or between users and third parties. We do not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with us, will be resolved by binding arbitration.
You and Clarnium both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration. You must initiate this dispute resolution process by contacting us. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
Any disputes and claims arising from or related to these Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of Singapore (without regard to conflict of law rules) and be arbitrated in Singapore by Singapore International Arbitration Center.
Miscellaneous
Please refer to our privacy policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our privacy policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the privacy policy.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and Clarnium shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
You consent to receive electronic communications from us (e.g., via email, push notification, text messages, emails or other types of messages). These communications may include notices about your Account and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system or by selecting the unsubscribe instructions provided.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of our rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and Clarnium relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of us, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
For any notices, queries, claims or requests, please contact us at [email protected].
