The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Api refers to endpoints and services that can be used programmatically.
App refers to the Knights of Cathena App, which can be downloaded from the website.
Country refers to: Bayern, Germany
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to fivefingergames GmbH, Ulrichsbergerstaße 17, 94469 Deggendorf, Germany.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website, the Api and the App.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to fivefingergames, accessible from fivefingergames.com, as well as knights-of-cathena, accessible from knights-of-cathena.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Blockchain means the elrond blockchain or any other blockchain or distributed ledger technologie the Company may see fit for use for the Service.
SmartContract revers to a programm on the Blockchain that may or may not have been developed by the Company and which runs without any further intervention of the Company.
Token means the utility token that the Company created and that is transferable on the Blockchain and used within the Service.
Marketplace means the SmartContract on the Blockchain that is responsible for providing a secure space for Users to trade nft’s between each other.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Company provides access to the Service. The Service does not store, send or receive any NFT or reward, but such transactions occur directly on the Blockchain. The Company will never take custody or control over any NFT or digital reward stored in the User’s account. Instead of the Service the user may use any compatible digital app or wallet provided by a third party company that safely connects to the Blockchain. The User may be able to use the Service or other compatible wallet to send and receive any NFT or digital reward with other users of the Blockchain. The Company does not offer any User the ability to exchange one form of currency for another form of currency (fiat or digital). The Company is not a custodian, exchange or money transmitter.
When a User creates an Account, the Service generates a cryptographic private key and public key pair that the User must use to send and receive any NFT or digital reward supported on the Blockchain. The User is solely responsible for storing, outside of the Service, a backup of any User’s private key(s), or transaction information that the User maintains in the Service. If the User does not backup the private key, the User may not be able to access the Blockchain in the event that the Company discontinues the Service.
The Blockchain is a decentralized, peer-to-peer network, which is not owned, controlled or operated by the Company. In order for a transaction to be validated on the Blockchain, any transaction through the Service must be confirmed and recorded in the distributed ledger associated with the Blockchain.
The User agrees and understands that the transactions submitted by the User via the Service may be delayed or not be completed by the Blockchain or any supporting blockchain used to process the transaction. The Company has no control over any NFT or digital reward generated through the Blockchain, and cannot ensure that any transaction a User submits via the Service will be confirmed or processed on the Blockchain. The Company does not guarantee that the Service can transfer title or right in any NFT or digital reward, and the Company makes no warranties of title of any kind. Once transaction details have been submitted to the Blockchain, the Company cannot assist the User to cancel or otherwise modify such transaction or details.
The User agrees and understands that in the event of a fork of the Blockchain, any transaction associated with the Service may not be completed, may be partially completed, incorrectly completed, or substantially delayed. In the event of a fork of the Blockchain or any other supported blockchain, the Company may not be able to support the User’s activity related to the Service or any other supported NFT or reward. The company is not responsible for any loss incurred by any User caused in whole or in part, directly or indirectly, by a fork of the Blockchain.
With respect to the Service, the Company does not receive or store a User’s password, or any keys, network addresses or transaction history. The Company cannot assist any User with the Service password retrieval. The User is solely responsible for remembering, storing and keeping secret the User’s passwords, keys and address. Any NFT or digital reward a User has stored within the Service may become inaccessible if the User does not know or keep secret its keys and password. Any third party with knowledge of one or more of a User’s credentials (including, without limitation, a backup phrase, App identifier, password, social accounts, or keys) can dispose of the NFT or digital rewards in the User’s possession.
The Company does not currently charge a fee for the Service, or receiving, sending, and storing the Token. However, the Company reserves the right to do so in the future, and in such case any applicable fees will be displayed prior to the User incurring such fee. Notwithstanding, the Blockchain may have Blockchain Transaction Fees required to transact NFT or digital reward transactions through the Blockchain. The Company may attempt to calculate for the User any Blockchain Transactions Fees, though such calculation may be inaccurate or excessive. The User may select a greater or lesser fee, and the User is solely responsible for paying any Blockchain Transaction Fees required on the Blockchain. The company will neither advance nor fund any Blockchain Transaction Fee on any User’s behalf, nor be responsible for any excess or insufficient fee calculation.
The User is responsible for the allocation of the User’s software and equipment and selected optimization decisions. The User acknowledges that the Company is not responsible for the selection or timing of blockchain protocols, nor is the Company responsible for the protocols selected for use in connection with the Services. The User acknowledges that the node transactions on any blockchain may vary and will not be uniform across each Blockchain Node.
The User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials on the Blockchain and any other login for the Service. Login credentials generated for the User by the Company are for the User’s internal use only and the User is strictly prohibited from selling, transferring, or sub-licensing them to any other entity or person.
The User represents and warrants that the User accepts the risks of blockchain protocol and network, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational error. The User represents and agrees that the Company is not responsible for any diminished Services, related features, or capabilities resulting from blockchain network risk. The User understands these risks may result in delay or failure to process transactions and potentially high Blockchain Transaction Fees or Third Party Fees. In the event of a material increase or decrease to Blockchain Transaction Fees, Third Party Fees, or operational degradation, congestion, failure or other disruption of the blockchain network used by the User, the Company may, at its sole discretion and upon notice to the User, make any adjustments to the Services.
The User represents and warrants that the User is familiar with and accepts the risks associated with blockchain development and code changes. Blockchain technologies are still under development and may undergo significant changes over time. Blockchain contributors may make changes to features and specifications of the algorithm selected by the User, and may fork the Blockchain protocol. Such changes may include or result in the elimination or support for specific algorithms and applications.
User shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to European Union and U.S. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control and the European Union’s Common Foreign and Security Policy (collectively, “Trade Sanctions Laws”). The User represents and warrants that the User and the User’s financial institutions, or any party that owns or controls the User or the User’s financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
User acknowledges and agrees that the Company, or third party contact provider (or, as applicable, any licensors) own all legal right, title and interest in and to all elements of their respective intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of any content provided on the Site, App, or Blockchain are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All such intellectual property are the property of its owners or licensors, and all trademarks, service marks, and trade names are proprietary to its owner or licensors. Except as expressly set forth herein, the use of the Services and App does not grant User any ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the App.
USER AFFIRMS HE/SHE IS OVER THE AGE OF 13, AS THE APP AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER AGE 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN USER AGREES TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH USER AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. USER AGREES TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP AND SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
User takes responsibility for all activities and his use of the Services, and User accepts all risks of any authorized or unauthorized access to the App, to the maximum extent permitted by law. User represents and warrants that the User is familiar with and accepts the risks associated with digital Apps and private keys, including the risks described herein. User is solely responsible for its own conduct while accessing or using the Services or App, and for any consequences thereof. User agrees to use the Services, App, and Blockchain for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, User may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Services any content that infringes the intellectual proprietary rights of any party; (v) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the App or Blockchain; (viii) exploit the Services for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or Blockchain or any part of it; (xi) reformat or frame any portion of the App; (xii) display any content on the App or Blockchain that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; or (xiv) create user accounts by automated means or under false or fraudulent pretenses.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE USER SHALL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR LOST REVENUES, OPPORTUNITY COST, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF FIVEFINGERGAME’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR THE USER’S PAYMENT OBLIGATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR IT’S AFFILIATES OR SUPPLIERS, MAY BE HELD LIABLE UNDER THESE TERMS AND CONDITIONS FOR MORE THAN THE AMOUNT PAID BY THE USER TO THE COMPANY UNDER THESE TERMS AND CONDITIONS FOR THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF THE SERVICE.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Unless prohibited by applicable law, the User will defend and indemnify the Company and its Affiliates against any settlement amounts approved by the User and damages and costs finally awarded against the User and its affiliates by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding) to the extent arising from the User’s use of the Services.
Each party represents and warrants that: (i) it has full power and authority to enter into these Terms & Conditions; and (ii) it will comply with all laws and regulations applicable to its provision or use of GALA Services. USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT RESIDE IN ANY REGION THAT EXPLICITLY BANS THE USE OF LOOT BOXES IN GAMES IN ACCORDANCE WITH GAMBLING LAWS.
The Company offers the User a 14-day return policy, which means the User has 14 days after receiving an item to request a return. To be eligible for return, the item must be in the same condition as when received, unused and in its original packaging. The User will need to provide the receipt or proof of purchase.
To start a return, the User can contact the Company at firstname.lastname@example.org. If the return is accepted the User will receive further instructions.
Certain types of items cannot be returned, like perishable goods, custom products (such as special orders or personalized items), items that are under heavy price fluctuations from the financial market (such as the Token and nft’s) and personal care goods. The Company also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.
Unfortunately, the Company cannot accept returns on sale items, auctioned items or gift cards. Furthermore the Company cannot accept return for digital items that are already in use or which already provided digital rewards to the User.
The Company cannot offer any refunds for purchases made in the peer-2-peer-marketplace.
The User is responsible for any taxes, and the User will pay for the Service without any reduction for taxes. If the User is required by law to withhold any taxes from its payments to the Company, the User must provide the Company with an official tax receipt or other qualified documentation to support such withholding, including value added tax (“VAT”), if applicable. The User will be liable to pay (or reimburse the Company) for any taxes, interest, penalties or fines which may arise from any mis-declaration made by the User. The User shall pay the Company for all taxes and governmental fees the Company is required to collect or pay upon sale or delivery of the Services. POTENTIAL USER’S OF NFTS OR DIGITAL REWARDS, INCLUDING BUT NOT LIMITED TO EGLD OR THE TOKEN, ARE FOREWARNED OF POSSIBLE FINANCIAL LOSS AT THE TIME SUCH REWARDS ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. MOREOVER, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, OR OTHER USE OF DIGITAL REWARDS.
The delivery and receipt of any of the User’s NFT or digital rewards through the Service may be subject to network or transaction fees charged by the blockchain associated with the User-selected algorithm (“Blockchain Transaction Fees”), which are non-refundable. Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the blockchain. Any withdrawal or transfer of the User’s NFT or digital reward are subject to Blockchain Transaction Fees.
Certain digital apps, app addresses, tools, and third-party software and devices (“Third-Party Fees”) used by the User may also charge the User a fee, including a per transaction or transfer fee, which are non-refundable. The User is responsible for satisfying any such fee(s). The User should note that any such fees may significantly reduce the User’s rewards and therefore the User is responsible for managing the selection, use, rate and frequency of their receipt of rewards to any such Third-Party Fees.
In connection with using or accessing the Service and the Marketplace you will not:
Payments will be made on the Blockchain and are irreversible. Delivery of the item will also be made on the Blockchain and are irreversible. No explicit billing will be provided.
A 5% fee will apply to any purchases made on our marketplace which will be deducted from the amount the seller receives. The fee will be distributed to the legal owner of the Crown of Cathena, the owner of the guild you are a member in, the Company and some will be permanently destroyed(“burned”). Being part in a guild will not increase the fees for the Users, instead only the distribution is affected. Additional Blockchain fees may apply for transactions made on the Blockchain.
The Company is not a party in the dealings between Users on the Marketplace. The Company merely makes the marketplace available to enable the trading between the Users on the Blockchain. The Company nor the Marketplace deducts any amount for withholding, employment, Social Security or other taxes for the Users, which are solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation.
Items sold via the presale Website or the App are provided “AS IS” and “AS AVAILABLE” the Company cannot guarantee any returns on investment. The other terms made in these Terms and Conditions apply.
POTENTIAL USER’S OF NFTS OR DIGITAL REWARDS, INCLUDING BUT NOT LIMITED TO EGLD OR THE TOKEN, ARE FOREWARNED OF POSSIBLE FINANCIAL LOSS AT THE TIME SUCH REWARDS ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. MOREOVER, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, OR OTHER USE OF DIGITAL REWARDS.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.