Terms and conditions
Last Updated: 31/08/2024
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Citadel Tides (the “Game”), a play-to-earn NFT blockchain game, and made available through our website located at play.citadeltides.com (collectively, the “Service”) operated by Open Mirror Studios (“us”, “we”, or “our”).Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use the Service.
1. Eligibility, To play the Game, you must (a) be eighteen (18) years of age or older, or have the age of majority in your jurisdiction, (b) have the power to enter into a binding contract with us and not be prohibited from doing so under any applicable laws, and (c) must not be a resident of any jurisdiction where accessing or using our Services would be illegal or prohibited by law in your jurisdiction.
2. Account Registration, To access and play the Game, you will need to connect your blockchain wallet and provide your public address. .You are responsible for maintaining the confidentiality of your wallet and shall not share it with any third party or permit any other person to access your account. You will be held responsible for all activities that occur under your account, including unauthorized use. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3. Non-Fungible Tokens (NFTs), The Game incorporates the use of non-fungible tokens (NFTs) on the Ethereum, Avalanche (or other applicable) blockchain. NFTs are digital assets that represent in-game castles, or other content. By using the Game, you acknowledge and agree that NFTs are not tangible assets and have no intrinsic value other than their usable function within the Game or to what other players would pay for them.
4. Ownership and Licenses, By using the Game, you own your NFTs, subject to these Terms. Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Game and your NFTs in connection with the front-end of the Game. This License is granted solely for your personal, non-commercial use and entertainment purposes. We retain all rights, title, and interest in and to the Game, our trademarks, service marks, trade names, and other intellectual property, and all derivatives, modifications, or improvements thereof.
5. Game Assets, You acknowledge and agree that all game assets, including any NFTs, currency, or virtual items obtained or created within the Game, do not necessarily by right have any real-world value and are not a monetary instrument. You further agree that you have no absolute right to redeem or convert such game assets into any form of real-world currency or value.
6. Conduct and Prohibited Activities, You agree to the following rules of conduct when using the Services: a) You will not exploit, distribute or publicly inform other users of any Game error, miscue, or bug which gives an unintended advantage b) You will not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, malware, or other items of a destructive nature c) You will not modify or create derivative works of the Game or any part of the Service d) You will not use any third-party software, bots, hacks, or modifications to alter or cheat in the Game e) You will not engage in any unlawful, fraudulent or deceptive activity, including impersonation or identity theft f) You will not harass, threaten, or abuse other users, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual g) You will not promote or engage in any activity that violates these Terms or any applicable laws or regulations
7. Termination, We reserve the right to suspend, restrict, or terminate your access to the Service at any time, without notice or liability, if we determine in our sole discretion that you have violated these Terms, any applicable laws or regulations, or for any other reason. Upon termination, your right to use the Service will immediately cease.
8. Limitation of Liability, To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, (ii) your inability to access or use, or (iii) the actions or content of any third party on the Service.
9. Indemnification, You agree to defend, indemnify, and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of your breach of these Terms or any applicable laws or regulations.
10. Governing Law and Dispute Resolution, These Terms shall be governed by and construed in accordance with the laws of any jurisdiction without regard to its principles of conflicts of law. The parties hereby submit to the exclusive jurisdiction of the courts located in any jurisdiction with respect to any dispute arising from these Terms or the access or use of the Service.
11. Changes, We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any material changes to these Terms on our website or by sending you an email. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
12. Miscellaneous These Terms, together with any other legal notices and agreements published by us, constitute the entire agreement between you and us concerning the Service. Our failure to exercise any right granted by these Terms does not constitute a waiver of such right. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
13. Contact Information, If you have any questions about these Terms or the Service, please contact us at [email protected].
14. Privacy Policy, We don’t collect any personal or identifiable information other than your public blockchain address.
15. Virtual Items and In-App Purchases, The Game may offer the ability for you to acquire, purchase, or earn virtual items, including but not limited to, NFTs, virtual currencies, characters, enhancements, or other materials (collectively, "Virtual Items"). You may be required to pay a fee using real-world currency, or to perform certain actions or tasks within the Game to obtain Virtual Items. All Virtual Items, regardless of how they are acquired, are licensed to you on a limited, personal, non-transferable, non-sublicensable, and revocable basis and may not be sold, traded, gifted, bequeathed, or otherwise transferred outside of the Game. In-app purchases are subject to the terms and conditions of the platform from which you make the purchase (e.g., Apple's App Store, Google Play Store, etc. any Blockchain etc.). We are not responsible for any unauthorized purchases made through your account, whether made by you or someone else accessing your account. All sales of Virtual Items are final. No refunds or exchanges will be given, except in our sole discretion. Virtual Items do not have any real-world value and cannot be redeemed for real money, goods, or services.
16. User Content, When you submit, post, upload, or otherwise make available any content within the Service, including but not limited to text, images, videos, audio files, or any other materials (collectively, "User Content"), you grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing licenses and that the User Content does not and will not infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right. We reserve the right, at our sole discretion, to remove or modify User Content that we deem, in our sole discretion, to be in violation of these Terms or our community guidelines, or which we otherwise believe to be objectionable or harmful to the Service or its users.
17. Third-Party Services, Our Service may contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, services, or applications. We do not warrant the offerings of any of these third parties or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites, services, or applications.
18. Force Majeure, We shall not be liable to you for any failure or delay in the performance of our obligations under these Terms due to any event beyond our reasonable control, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power outages, Internet or telecommunications failures, or acts or omissions of third parties.
19. No Assignment, These Terms and the rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempt by you to assign or transfer these Terms without our prior written approval will be null and void.
20. No Partnership or Joint Venture, Neither these Terms nor any use of the Service shall be construed as creating any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not enter into any contract or commitment on our behalf or otherwise bind us in any way.
21. Entire Agreement, These Terms and any documents expressly referred to herein constitute the entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
22. Waiver, Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Open Mirror. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
23. Severability, If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
24. The headings in these Terms are for convenience only and have no legal or contractual effect.
25. Any notices or other communications required or permitted to be given by us under these Terms, including those regarding changes to these Terms, will be given by posting to the Service or by emailing you at the email address you provide when registering for an account.
26. Feedback We welcome and encourage users to provide feedback, comments, and suggestions for improvements to the Service. You may submit feedback by contacting us at the [email protected] . By submitting feedback, you grant to us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, reproduce, adapt, create derivative works of, distribute, publicly display, publicly perform, broadcast and otherwise exploit such feedback in any manner and for any purpose, without compensation to you.
27. Disclaimer of Warranties, Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We make no warranty that the results obtained from the use of the Service will be accurate or reliable, or that the quality of any content, products, services, information, or other material obtained through the Service will meet your expectations. You acknowledge that the Service may be subject to interruptions, breakdowns, delays, or other problems inherent in the use of the internet and electronic communications, including without limitation issues related to blockchain technology, and we shall not be responsible for any delays, delivery failures, or other damage resulting from such problems.
28. Age Restriction, By using the Service, you represent and warrant that you are at least 18 years of age, or if not, that you are the age of majority in your jurisdiction and your legal guardian has reviewed and agreed to these Terms on your behalf. If you are under the age of 18 or the age of majority in your jurisdiction, you may not use the Service without a parent or legal guardian's consent.
29. Survival, Any provisions of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
30. Amendment, We reserve the right at any time, at our sole discretion, to change or modify these Terms, such change or modification to be effective immediately upon posting the modified Terms on our website or within the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
31. Electronic Communications, By using the Service, you consent to receiving electronic communications from us, including, without limitation, any notices, disclosures, agreements, or other information that we are required to provide to you. We may communicate with you by email or by posting notices on the Service. You agree that all electronic communications that we provide to you satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive electronic communications, please contact us at [email protected] Please note that if you withdraw your consent to receive electronic communications, you may no longer be able to access or use the Service.
32. Language. These Terms have been drafted in the English language. In the event of any discrepancy or inconsistency between the English version and any translations of these Terms into other languages, the English version shall prevail.
33. Third-Party Beneficiaries, You acknowledge and agree that certain content and services available via the Service may be provided by individuals or companies other than us. You acknowledge that any such third-party content or services are not under our control, and we are not responsible for the content, accuracy, reliability, or any other aspect of such third-party content or services. Nothing in these Terms shall be deemed to confer any rights or remedies upon any third party, other than our affiliates, licensors, and service providers, as expressly contemplated herein.
34. User Representations and Warranties, You represent and warrant to us that: (a) you have the full power, authority, and legal capacity to enter into these Terms and to perform your obligations hereunder; (b) you own all rights, title, and interest in and to your User Content, or you have obtained all necessary rights and licenses to grant the rights and licenses set forth in these Terms; (c) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, moral rights, rights of publicity or privacy, or any other rights recognized under applicable law; and (d) your use of the Service and your User Content will at all times comply with these Terms and all applicable laws and regulations.
35. Questions and Comments., For any questions or comments about these Terms or the Service, please contact us at [email protected].**End of Terms and Conditions**I, the user, acknowledge and agree that I have read, understood, and consent to these Terms and Conditions by clicking “I Agree” or by accessing or using our Service. I, the user, acknowledge and agree that by clicking “I Agree” or by accessing or using our Service, I am confirming that I have read, understood, and consent to these Terms and Conditions, as well as the Privacy Policy, and will comply with all applicable laws and regulations.
