Terms&Conditions

TERMS AND CONDITIONS

DEFINITIONS

• OLYMPUS: OLYMPUS ORIGIN S.L.

• Blockchain: the decentralized and distributed public network that OLYMPUS uses in each case for the proper provision of the Service. In this case, Polygon.

• Platform: website https://app.darkearth.gg / through which the User accesses the Services.

• Service/Services: sale of NFTs which will have, in the medium term, a utility in the leisure game (Dark Earth Card Battle, or the “game”).

• Wallet: set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited in it by a single User.

• NFT: non-fungible and unique token with certain utilities for the User and that may be acquired by virtue of the provision of the Service and as indicated in these Terms and Conditions.

• Third Party Intellectual Property: any intellectual property rights of third parties, including but not limited to rights in inventions and discoveries, patents, utility models, design rights, trademarks, service marks, trade names, logos, devices, signs, copyrights, associated goodwill, rights in confidential information and know-how subsisting anywhere in the world, whether registered or unregistered.

• Cryptoassets: digital assets or virtual digital currencies issued through computer protocols and not backed by an entity or Central Bank. OLYMPUS’ intrinsic cryptoasset is the CSU token.

• User: natural person who accesses the Services.

1. INTRODUCTION

Welcome to the OLYMPUS web application (the “Platform”, or “we” or “us” collectively). Below, we will detail the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein.

This document (together with all documents referred to herein) sets forth the terms and conditions governing the use of this Platform (https://app.darkearth.gg) and the use of the Service provided through this Platform (the “Terms and Conditions”).

Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform.

By using the service provided on this Platform the User agrees to be bound by the Terms and Conditions, as well as by our Privacy and Cookie Policy, therefore, if the User does not agree with all the stipulations of the Terms and Conditions and with the Privacy and Cookie Policy, he/she should not use this Platform.

If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.

2. LEGAL INFORMATION

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:

• Name: OLYMPUS ORIGIN, S.L.
• TAX ID: B67814160
• Registered office: Calle de la isla de La Graciosa 1, planta 2 puerta 5, 28073 San Sebastián de los Reyes, Madrid, Spain.

3. USERS and consent

The use of the Platform attributes the condition of User, who accepts, from the access, download and / or use of the same, the Terms and Conditions reflected here.

To make use of the Services offered on the Platform, the User must be over 18 years of age.

Likewise, the User declares that the use of this Platform is done on a personal basis, without performing any type of professional service.

The Platform will allow the User to access the Services specified in these Terms and Conditions.

Before making use of the Services, the User should be aware that the risk of loss in buying and selling or holding Cryptoassets or NFTs may be substantial. As with any asset, the value of Cryptoassets and NFTs can vary considerably and there is a substantial risk that you may lose money buying, selling, holding or investing in NFTs and Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling, or holding NFTs and/or Cryptoassets.

Furthermore, by using the Platform the User agrees that OLYMPUS does not provide any investment advice in relation to Cryptoassets or the NFTs that can be acquired through the Platform.

Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets and NFTs is appropriate.

4. RISKS

Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that:

• The prices of NFTs and Ctyptoassets are extremely volatile.

• The User is solely responsible for determining what taxes apply to its transactions of NFTs and Cryptoassets and for fulfilling its tax obligations.

• The Service does not involve in any case the storage of NFTs and/or Cryptoassets. Any transfer of the same occurs within the selected Blockchain and not on the Platform.

• Cryptoassets and NFTs are more volatile relative to most fiat currencies and other assets, and this unpredictability of their price can result in significant losses in a short period of time. OLYMPUS is not responsible for the market for NFTs and Cryptoassets, and makes no representations or warranties regarding the actual or perceived value of any digital asset, and the quality, suitability, truthfulness, usefulness, accuracy or completeness of any information provided by OLYMPUS. Therefore, it is for you to carefully consider whether holding NFTs and Cryptoassets is suitable for you in light of your financial condition.

• Cryptoassets are not money or legal tender in many countries, are not backed by the government or a central bank and most do not have any underlying assets, income streams or the like.

• The value of Cryptoassets and NFTs may derive from the continued willingness of market participants to exchange fiat currencies for cryptoassets which may result in the permanent and total loss of the value of cryptoassets, particularly in the event that the market for the same disappears.

• The User is responsible for determining whether use of the service is legal in his or her jurisdiction and should refrain from use if it is illegal in his or her jurisdiction. If you are unsure, seek independent legal advice.

• We may be forced to suspend, terminate or change features and services in any jurisdiction without notice if required to do so by regulatory authorities or applicable law, or for any other reason. In such an event, access to the Platform will be prevented for an indefinite period of time and legal grounds until the matter is resolved.

• The User understands and agrees that he/she uses the service at his/her own risk. This clause is not exhaustive and does not disclose all risks associated with NFTs, Cryptoassets and the use of OLYMPUS or related Services. Therefore, the User should carefully assess the appropriateness of their use based on their specific circumstances and financial resources.

5. USE OF THE PLATFORM

OLYMPUS offers through the Platform the Services specified in these Terms and Conditions, which allow the User to acquire NFTs with certain utilities.

The User assumes responsibility for the use of the Platform. This responsibility extends to the registration, if any, was necessary to access the Services. In such registration, if requested, the User shall be responsible for providing truthful and lawful information.

OLYMPUS reserves the right to request that information be updated if it becomes aware of any changes.

Likewise, OLYMPUS reserves the right to carry out the appropriate checks in order to confirm the legal origin of the contributions of funds that are made.

The User agrees to make appropriate use of the content and services that OLYMPUS offers through the Platform and, by way of example, but not limited to, not to use them for the following purposes

• engage in activities that are illicit, illegal or contrary to good faith and public order;
• disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights;
• cause damage to the physical and logical systems of OLYMPUS, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
• use any OLYMPUS Intellectual Property material for your own benefit (except for the rights you acquire by purchasing NFTs, specified in section 7 of these Terms and Conditions).

6. DISCLAIMER OF WARRANTIES AND LIABILITY

OLYMPUS reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.

Consequently, OLYMPUS does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by the Users is carried out at their own risk, without, at any time, OLYMPUS can be held liable in this regard.

In addition, OLYMPUS assumes no liability whatsoever arising from, but not limited to:

• The use that Users make of the materials available on the Platform, whether prohibited or permitted, in violation of intellectual property rights and / or industrial content of the website itself or third party portals.
• For possible damages to Users caused by a normal or abnormal operation of the search tools, the organization or location of the contents and/or access to the Services and, in general, of the errors or problems generated in the development or instrumentation of the technical elements that form the Service.
• Of the contents of those pages to which the Users can access from links included in the Platform.
• The acts or omissions of third parties, irrespective of whether such third parties may be contractually bound to OLYMPUS.

Similarly, OLYMPUS excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in the documents or systems stored therein, so that OLYMPUS will not be liable in any case when they occur:

• Errors or delays in the access to the Services by the User when entering his data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of OLYMPUS.
• Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that the Platform Services are not guaranteed to be constantly operational.
• Errors or damages caused to the website due to inefficient and bad faith use of the Service by the User.
• Non-operability or problems with the email address provided by the User to send the requested information, or with the cell phone networks or OLYMPUS providers, regarding the reception of SMS messages.

In any case, OLYMPUS undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.

Disclaimer of warranties and liability with respect to Blockchain. Forks and modifications to Blockchain protocols.

OLYMPUS does not own or control the underlying software protocols governing the operation of the Blockchain linked to the NFTs and Cryptoassets supported by the Platform. For the most part such protocols are open source or open source and any third party may use, copy, modify and distribute them. Consequently, OLYMPUS assumes no responsibility for the operation of such protocols and does not guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets it acquires may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.

In the event of a Fork, the User agrees that OLYMPUS may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to stop supporting) a protocol and/or the original and/or the alternative Cryptoasset.

Likewise, OLYMPUS will notify Users of any modifications to the protocols of the Blockchains associated with the Cryptoassets and whose implementation is not possible to perform on the Platform.

The User acknowledges and agrees that OLYMPUS assumes no responsibility for any consequences in the provision of the Service that may arise in connection with the modification of the Blockchain protocols or for the interruption in the operation of such protocols.

7.1 SERVICE CONSIDERATIONS

The User who wishes to purchase NFTs from the game, must connect his Wallet assuming the corresponding T&C of the service of these third parties, for which OLYMPUS assumes no responsibility.

The Service is subject to the User reading and accepting the Platform Terms and Conditions.

7.2 WHAT RIGHTS DOES THE ACQUISITION OF NFTS GIVE THE USER?

7.2.1 GENERAL

The User acknowledges and agrees that OLYMPUS (or, if applicable, its licensors) is the owner of all legal right, title and interest in and to the NFT, as well as all intellectual property rights pertaining thereto.

Your rights in the NFTs are limited to those expressly stated in Section 7.2.2 of these Terms and Conditions.

OLYMPUS reserves all rights to the NFTs not expressly granted to it in Section 7.2.2.

7.2.2 LICENSE

The lawful and lawful purchase or acquisition of the NFTs grants the User a worldwide, non-exclusive, revocable, non-sublicensable license to use the purchased NFTs for the following purposes only:

• for your own personal, non-commercial use (e.g., home display, virtual gallery display, or as an avatar);
• its sale on the Platform’s Marketplace, or its sale on the secondary market as part of an exchange that allows the purchase and sale of its NFTs, provided that the exchange cryptographically verifies the rights of each NFT owner; or
• as part of a third-party website that permits the inclusion, involvement or participation of its NFTs, provided that the website cryptographically verifies the rights of each NFT owner to display the NFTs, and provided that the NFTs cease to be visible once the NFT owner leaves the website.
• rent or lend the NFT in favor of another User.

7.2.3 RESTRICTIONS

The User waives the following rights at the time of acquisition of the NFTS:

·         Right of reproduction: understood as the total or partial fixation in any form and in any medium (material or immaterial); from its original (“direct”) or from a copy (“indirect”); whether the fixation is temporary or permanent, but always allowing its reproduction and/or public communication.

Only the right to reproduce the NFT as specified in 7.2.2, i.e., home display, display of the NFT in a virtual gallery or as part of a third party website that allows the inclusion, involvement or participation of its NFTs, shall be permitted, provided that the website cryptographically verifies the rights of each NFT owner to display the NFTs, and provided that the NFTs cease to be visible once the NFT owner leaves the website.

·         Distribution right: understood as the making available to the public of the original or copies of the work in tangible support by means of sale, rental, loan or any other form.

The User may only dispose of the distribution right specified in the section “LICENSE” , i.e. the sale of the NFT on the Marketplace of the Platform or on the secondary market, as well as renting and lending its NFT in favor of another User.

·         Right of public communication: understood as the act by which a plurality of persons may have access to the work without prior distribution of copies to each of them.

The User may only have the right of public communication specified in section 7.2.2, i.e. the display of the NFT in a virtual gallery or as part of a third party website that allows the inclusion, involvement or participation of its NFTs, provided that the website cryptographically verifies the rights of each NFT owner to display the NFTs, and provided that the NFTs cease to be visible once the NFT owner leaves the website.

·         Right of transformation: understood as the right to authorize or prohibit modifications to the NFT (pre-existing work) resulting in a different work (derivative work).

The User acknowledges and agrees at the time of acquisition of NFTs that it waives any of the following actions, nor will it permit any third party to do or attempt to do any of the following without the prior written consent of OLYMPUS in each case:

• modify, distort or make any other changes to the NFT, including, without limitation, the shapes, designs, drawings, attributes or color schemes;
• use the purchased NFT as a trademark or brand or to advertise, market or sell any product or service;
• use the NFT for purposes not contemplated by these Terms and Conditions, with particular emphasis on the use of the NFT in connection with images, videos or other forms of media depicting hatred, bigotry, violence, cruelty or any other act that may reasonably constitute incitement to hatred or that infringes the rights of others or promotes illegal activities;
• use NFT in film, video or any other form of media, except for your own personal, non-commercial use, as set forth in Section 7.2.2;
• register trademarks, copyrights, or otherwise acquire additional intellectual property rights under the acquired FTNs;
• use purchased NFTs in connection with defamatory or dishonest statements about OLYMPUS and/or its affiliated companies or that otherwise damage the goodwill, value or reputation of OLYMPUS;
• use in any way the purchased NFTs for your commercial benefit or that of any third party, except for the right to sell them on the Platform’s Marketplace or in the secondary market.

The User further understands that OLYMPUS may include new restrictions on the use and rights of the NFTs and to the extent that OLYMPUS notifies the User of such additional restrictions in writing (use of email is permitted), the User shall be responsible for complying with all such restrictions as of the date of receipt of such notice, and that failure to do so shall be deemed a breach of these Terms and Conditions.

7.2.4 TRANSFER OF ACQUIRED NFT

The User has the limited right to transfer the NFT as provided in these Terms and Conditions, provided that:

• such transfer is made in accordance with applicable laws and regulations, including, but not limited to, restrictions under trade regulations;
• the transferee accepts all Terms and Conditions and is deemed to have accepted the same by purchasing, accepting, accessing or otherwise using the NFT;
• the User notifies the assignee of the Terms and Conditions, including a link or other method by which the assignee may access them;
• the User has not breached the obligations imposed in these Terms and Conditions prior to the assignment; and
• the license on the acquired FTNs has not been terminated prior to the assignment.

7.2.5 TERMINATION AND CONSEQUENCES

The license granted and the rights intrinsic thereto indicated in the section “LICENSE” apply only to the extent that the User has legitimately purchased or acquired the NFT.

If at any time the User sells, trades, donates, gives away, transfers or disposes of its purchased NFT for any reason, the license granted in the Section above shall immediately expire with respect to such NFT without notice, and the User shall have no further rights therein.

The license granted in the LICENSE Section shall also terminate automatically, returning all rights assigned to the User in favor of OLYMPUS, in the event that:

• the User breaches any of the obligations set forth in these Terms and Conditions; or
• if other circumstances arise which cause OLYMPUS to consider that it is unreasonable for the User to remain bound by the license agreement.

In such cases, OLYMPUS may disable the User’s access to any service or property associated with the NFT and the User shall delete, remove or otherwise destroy any backup or single digital copy of the NFT, without any financial compensation to the User.

7. OTHER User Prohibitions

Without the list being exhaustive, the User undertakes to refrain from performing the following actions, either directly or through a third party:

• Use the Platform, the Services or any of its contents in a manner or for purposes that OLYMPUS considers different or contrary to these Terms and Conditions, the laws, morals, good customs or public order.
• Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libelous, libelous, pornographic, political or contrary to the laws, morals and good customs, or that contains malicious software such as viruses, worms or that contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or the systems or servers of OLYMPUS, or of a third party.
• Use the Platform to send, reproduce or publish files in violation of intellectual property rights of third parties.
• Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party’s benefit.
• Use the Platform on behalf of or for the account of any third party (except as provided in these Terms and Conditions) or allow any person other than the User (including, without limitation, by assignment, license or transfer) to use your account and the Services associated with your account.
• Use automatic or manual programs, software or devices to monitor or copy the information or any type of content or element of the Platform.
• Linking the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or any chain letters or messages with untruthful content for personal or third party gain.
• Perform actions that restrict, deny or prevent third parties, access and use of the Platform, as well as the content and services offered through it.
• Attempt to violate any authentication and security systems of the Platform.
• Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those that, as the case may be, have been expressly indicated or made available to the User.
• Include frames, links, deep links, or links to the Platform, either from other websites or from any software or electronic device.
• Take any action that imposes a disproportionate or unreasonable burden on the Platform’s technological infrastructure.
• Use meta tags or any other type of hidden text with the name “OLYMPUS”, or any other name or trade name and/or intellectual property rights belonging to or owned by OLYMPUS.

OLYMPUS reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who perform any of the actions indicated in this section.

8. Right of withdrawal

Pursuant to Article 103 of Law 3/2014 of 27 March, the transactions contained in these terms and conditions are excluded from the right of withdrawal.

9. Modifications to the Terms

OLYMPUS may modify at any time the conditions determined here, being duly published on the Platform and/or, at the sole discretion of OLYMPUS, notifying the Users of the same by email.

The use of the Platform by the User from the notification of the modification of these Terms and Conditions shall constitute full acceptance of these Terms and Conditions by the User; if the User does not agree with the new terms, the User shall cease to use the Platform.

10. Intellectual Property

All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and color schemes (the “Content”), is owned by OLYMPUS or its licensors.

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, represented, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without prior written permission of the rights holder.

The fact that the User may access the Platform does not grant the User any license, right or ownership of any industrial or intellectual property rights over all or any portion of the content, except as specifically indicated in these Terms and Conditions. Users are only granted a non-exclusive, revocable, limited license to access and use the Platform in accordance with these Terms and Conditions.

If the User considers that the Platform or the Content violates any intellectual property rights of third parties, the User must notify OLYMPUS at the address indicated in these Terms and Conditions, accompanying all necessary information and documentation to support the aforementioned consideration.

11. DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of the General Regulation on Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails, will be treated by OLYMPUS as responsible for the treatment in order to address the doubts of the Users, as well as to receive periodic notifications through electronic means. The User can find more information about the treatment of their data in the privacy policy, which must be read and understood for the use of the Services.

OLYMPUS is committed to the fulfillment of the obligation of secrecy of personal data, therefore it has adopted the necessary measures to avoid its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.

On the other hand, OLYMPUS informs that by visiting its Platform (without carrying out the registration process by the User) is not automatically recorded any personal data that identifies a user, instead there is certain information of a non-personal nature and not identifiable with a particular user that is collected during the live session through devices called “cookies” that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All Users must accept, reject or configure cookies to navigate the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.

12. PRIVACY AND BLOCKCHAIN

The purchase of NFTs and Cryptoassets are recorded in Blockchain, a technology that operates like ledgers, intended to immutably record transactions in networks of computer systems.

Many of these public Blockchains allow forensic analysis that can lead to de-anonymization and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.

Since blockchains are decentralized or third-party networks that are not controlled or operated by OLYMPUS, we cannot delete, modify or alter personal data on such networks. For more information you can refer to our privacy policy.

13. APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious issues related to the web portal, Spanish law shall apply and in case of dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) provided that such dispute is not related to any economic transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/

14. LINKS

In the event that there were links or hyperlinks to other Internet sites, OLYMPUS will not exercise any control over such sites and content. In any case OLYMPUS assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

It is expressly prohibited the introduction of hyperlinks for commercial purposes on websites outside OLYMPUS that allow access to the Platform without the express consent of OLYMPUS. In any case, the existence of hyperlinks on websites outside OLYMPUS, will not imply in any case the existence of commercial or mercantile relations with the owner of the web page where the hyperlink is established, nor the acceptance by OLYMPUS.

15. Miscellaneous

In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

16. Assignment

The User may not assign to any third party its contractual position, this contract, or any of the rights or obligations arising therefrom, except in the case set forth in the section of these terms and conditions “TRANSFER OF PURCHASED NFT”.

17. Consent to electronic notifications

The User expressly consents to be notified or informed by electronic means of all information related to his or her User status, account and use of the Platform.

With your consent, we send push notifications to your mobile device to provide Service updates, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform.

18. CONTACT & Customer Service

OLYMPUS has a user support service, through which user requests will be resolved within 48 hours of receipt, by sending an email to the following address contact@darkearth.gg.