END USER LICENSE AGREEMENT
Last updated: June 08, 2023
This End-User License Agreement (hereinafter referred to as "Agreement") is a legal agreement between you (hereinafter referred to as "Licensee" or "You") and Synergy Games (hereinafter referred to as "Licensor" or "We") for the use of the desktop game software titled "Synergy Land" (hereinafter referred to as the "Game").
1. INTERPRETATION AND DEFINITIONS
All capitalized terms used in this EULA shall have the meanings ascribed to them below and/or, if not defined herein, the meanings set forth in the Synergy Land Whitepaper (the "Whitepaper"). The following definitions shall apply to both the singular and plural forms of the terms. In the event of any conflict between the definitions provided in the Whitepaper and the definitions stated below, the definitions below shall take precedence.
Account: Refers to the personalized access granted to the User upon downloading Synergy Land and logging in for the first time.
Content: Refers to any material, including text, images, or other information, that can be posted, uploaded, linked to, or otherwise made available to the User in various forms.
EULA: End-User License Agreement, also known as this "Agreement," encompasses the entire agreement between the User and Synergy Games regarding the use of Synergy Land.
Synergy Land: Also known as the "Full Release of the Game," it represents the feature-complete software program provided by Synergy Games. Synergy Land is fully playable and incorporates all major features. Detailed information about Synergy Land is available on the web and in the Whitepaper, accessible through the web.
Synergy Games: Also referred to as "the Company," "We," "Us," or "Our" in this Agreement, it represents Synergy Games S.L., a Spanish company with registered office at Calle Andarella 1 B2 P2 P6 46014 Valencia, with TAX ID B67934158. Synergy Games is the proprietary company of Synergy Land with which the User is entering into this Agreement.
Launch Date: The date on which the Full Release of the Game becomes available for download.
Player: Also referred to as "You," "Your," or the "User," it denotes the individual who downloads, creates an Account, and accesses or uses Synergy Land, or the company or legal entity on whose behalf such individual is accessing or using the Software, if applicable.
Third-Party Services: Refers to any services or content, including data, information, applications, and other products or services, provided by a third party that may be displayed, included, or made available by Synergy Games in Synergy Land.
Web: Refers to the Synergy Land’ official website.
Xsolla: Refers to Xsolla Group, which is our official global distributor of in-game items/keys/inconvertible VC (not NFTs). You can find the list of Xsolla Group companies available at [https://xsolla.com/privacypolicy].
Loot boxes: Refers to chests and loot boxes that are available for purchase within the platform of the Game. The contents of these chests are not randomly determined; instead, they are predetermined. Players will be provided with information about the contents of the chests before making any payment.
Virtual Items: Refers to software code elements processed on an electronic computing machine, which are in-game objects that the Customer acquires through specific actions within the Game or by paying a fee.
Unless otherwise stated in this EULA, Synergy Games is the rightful owner or licensee of all rights, including copyrights, trademarks, and other intellectual property rights, associated with or included within Synergy Land, the Web, and any other Contents. This encompasses, without limitation, all rights pertaining to graphics, logos, text elements, images, and all other elements present in and derived from the Game and virtual world featured in Synergy Land. This also includes, without limitation, characters, locations, virtual assets, items, and their associated benefits or properties that are acquired or provided for use within Synergy Land (such as skills, skins, stations, etc.), to the fullest extent permitted by law.
2.1 LICENSE GRANT
Synergy Games hereby grants you a personal, limited, non-transferable, revocable, terminable, and non-exclusive license (referred to as the "License") to install and utilize Synergy Land on your devices, subject to the terms outlined in this EULA. It is important to note that the Game is licensed to you and not sold, thus you do not acquire any ownership rights in the Software.
You are authorized to load and operate Synergy Land on devices under your control, such as a personal computer or laptop. It is your responsibility to ensure that your device meets the minimum requirements specified for Synergy Land.
The License granted to you by Synergy Games is strictly for personal, non-commercial purposes and must be adhered to in accordance with the terms stipulated in this EULA.
2.2 VIRTUAL ASSETS
Synergy Land incorporates Virtual Items as part of the Game, which are designed to enhance or expand the gaming experience. These Virtual Items encompass various elements, including virtual currencies, personal and virtual items, customizations, consumables, and other objects or features that impact the Game and user experience. They are integral components of the Game and their utilization is governed by this EULA, subject to any applicable limitations. It is important to note that unless explicitly stated, Virtual Items available or sold in Synergy Land are generally not compatible with other Synergy Games or third-party games or platforms.
Virtual Items are not sold but rather licensed for use. The manner in which these items are utilized depends on your personal configuration, the game's rules, and/or the specific gameplay involved.
2.3 GAME RULES
Synergy Games exercises its authority to establish the rules of Synergy Land at its own discretion. These rules serve to regulate and, in some cases, limit user behavior within the game, particularly concerning their interactions with Virtual Items and/or other players, if applicable. We strongly advise you to carefully review the game rules outlined in the Synergy Land Whitepaper before engaging in gameplay.
In the event of a violation of the game rules or engaging in behavior deemed inappropriate according to the established guidelines, we retain the sole right to take appropriate action based on the severity of the violation and the specific rules breached. Such actions may include:
Temporarily or permanently suspending access to your Account.
Imposing limitations on the number and duration of connections.
Suspending or restricting the use of the Game.
Temporarily or permanently restricting certain functionalities.
Non-compliance with the Game rules also constitutes a breach of this EULA. The decision to suspend an Account or restrict Game access may be irreversible, rendering it impossible for you to regain access or play the Game again. Additionally, it may impact your ability to access Synergy Games' future game offerings.
2.4 NOT PERMITTED USE
As a Player, you are strictly prohibited from:
Editing, altering, modifying, adapting, translating, or making any changes to the Software, in whole or in part. This includes combining the Software with any other software, decompiling, disassembling, or attempting to reverse engineer the Software.
Reproducing, copying, distributing, creating derivative works based on, reselling, or using the Software for any commercial purposes. Additionally, removing any proprietary notices or labels from the Game, whether in whole or in part, is strictly prohibited.
Allowing any third party to use the Software on behalf of or for the benefit of another party.
Using the Software in any manner that violates local, national, or international laws and regulations.
Using or distributing unauthorized software programs or tools, such as "auto," "macro," hack, or cheat software, or exploiting bugs or vulnerabilities in the game to gain an unfair advantage.
Using any unauthorized third-party program or file, including "add-ons," "mods," "hacks," "trainers," or "cheats," as determined by Synergy Games. This includes programs that enable cheating, modify or hack the game interface or environment without authorization, intercept or collect information from the game, or contain code designed to harm or disrupt computer software, hardware, or telecommunications equipment.
Using the Software for any purpose that is considered a breach of this EULA or any other legal provision.
Synergy Games reserves the right to terminate your license to the Software if you violate any of these restrictions or any other provisions outlined in this EULA.
3. USER ACCOUNT
In order to access and play Synergy Land, it is necessary to create an Account. It is important to maintain the confidentiality, security, and secrecy of your username and password. You are solely responsible for all activities that occur under your Account.
The information provided for your Account must be accurate, complete, and exclusively yours. Synergy Games cannot be held accountable for any loss or damage resulting from your failure to meet these requirements or from unauthorized use of your Account. Impersonating others or using false identities, usernames, nicknames, or passwords that you are not authorized to use is strictly prohibited. Without express written authorization, you may not access or use other users' Accounts.
You are obligated to comply with all applicable local, national, and international laws, rules, and regulations pertaining to information society services, the technologies utilized in Synergy Land, and any other laws that are applicable to you or Synergy Land.
3.1 PROHIBITED USE
As a User, you are strictly prohibited from utilizing your Account for the following purposes:
Transmitting information that is unlawful, harmful, abusive, threatening, defamatory, harassing, vulgar, libelous, obscene, hateful, or racially, ethnically, or otherwise objectionable.
Forging or manipulating any identifying information to conceal the origin of any information stored or transmitted through your Account.
Causing harm or harassment to any individual or entity, whether natural or legal.
Impersonating any person or entity, or providing false statements or misrepresentations regarding your affiliation with any person or entity.
Transmitting any information for which you do not possess the right to transmit under any applicable laws or contractual or fiduciary relationships.
Uploading, posting, or transmitting any unsolicited or unauthorized advertising, promotional, or commercial materials; engaging in spamming or sending unsolicited emails; spoofing the email addresses of others; or conducting commercial solicitations.
Transmitting any information that infringes upon the intellectual property rights of any third party.
Collecting, storing, or exposing personal data about other users and/or content posted by other users or by Synergy Games without their explicit permission.
Engaging in any of the above activities is strictly prohibited and may result in the suspension or termination of your Account, as well as legal consequences in accordance with applicable laws and regulations.
4. INTELLECTUAL PROPERTY AND OWNERSHIP
Synergy Games shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software (and the copyright, and other intellectual property rights of whatever nature within the Software or the Contents, including any modifications made thereto) are and shall remain the property of Synergy Games, unless otherwise expressly specified by Synergy Games.
Synergy Games reserves the right to grant any sort of licenses of Synergy Land to third parties.
All rights are reserved, except as expressly stated herein. The Software is protected by copyright laws, international copyright treaties and conventions and other Applicable laws. Synergy Games reserves any and all rights not expressly granted to you in this EULA. You agree to refrain from any action that would dismiss such rights or would call them into question.
5. PAYMENT TERMS
The Game provides users with the following functionalities:
Use of SNG as an in-game currency exclusively within the Software for exchange purposes.
Making purchases within the Game using the in-game currency.
Accessing and utilizing virtual goods within the Game (referred to as in-game goods) with limited usage rights.
In the case of accessing in-game goods, Synergy Games requires Users to link their Account to a wallet or the corresponding payment method. By doing so, you confirm that your use of the payment method is authorized and that all information submitted to your Account is accurate and truthful. You are responsible for paying any fees, gas, or similar commissions incurred. Synergy Games cannot be held liable for damages arising from the submission of untrue or inaccurate information.
Virtual Items can only be used and/or purchased within the Software. They are considered an integral part of the Software and are subject to this EULA. Virtual Items hold no real-world value and cannot be exchanged for non-game currency or property.
Any in-game currency balance shown in your Account, excluding SNG, does not entitle you to its exchange value in any real currency. Trading Virtual Items within the Software is solely at your discretion and risk.
Purchases of Virtual Items are non-refundable. Subject to compliance with applicable laws, you acknowledge that Synergy Games is not obligated to provide refunds for Virtual Items under any circumstances. You will not receive compensation for unused Virtual Items, regardless of whether the termination of this Agreement was voluntary or involuntary.
Prices and availability of Virtual Items are subject to change without notice. Synergy Games reserves the right to refuse any payment at its sole discretion, especially in cases of suspected fraudulent activity. If your purchase is subject to taxes, Synergy Games may charge you for those taxes, and you agree to pay all applicable fees and taxes. Users will be informed of any taxes before making a purchase.
Failure by Synergy Games to invoice you for any applicable taxes does not exempt you from the responsibility to pay such taxes. You must fulfill your obligations by paying any taxes due to the relevant taxing authority as a result of your purchase.
All purchases made within the Game must be paid in full at the time of purchase and are non-refundable, regardless of the payment method used.
Third-Party Payment Services: Synergy Games utilizes third-party payment providers to authenticate payments for in-game purchases. Please review the terms and conditions and privacy policies of these providers to familiarize yourself with their specific requirements and policies.
6. TERM,TERMINATION AND TERRITORY
This EULA shall remain in effect until terminated by You or Synergy Games . The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Synergy Games, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Software and all copies thereof from your device or from your computer.
Termination of this Agreement will not limit any of Synergy Games rights or remedies in case of breach by You of any of your obligations under the present EULA.
You can use the Game worldwide, unless otherwise specified by Synergy Games on the Game’s official Website, within the Game, or by any other means of Synergy Games sole choice, or unless prohibited pursuant to laws applicable to you. Synergy Games have the right to unilaterally change the territory of license.
6.1 EFFECTS OF TERMINATION
Upon termination of this EULA, You must cease all use of the Software and delete all copies of the Software from your device.
All licenses or other rights conferred on the User under these Synergy Land Legal Terms will be terminated immediately, and the User’s access to the Account will be terminated.
Likewise, Synergy Games will delete the Account and User information from its systems. Synergy Games will maintain only the information essential to the fulfillment of its legal obligations.
7. NO WARRANTIES
The Software 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, Synergy Games, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Software. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Synergy Games disclaims any warranties that may arise out of a course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, Synergy Games does not provide any warranty or undertaking and makes no representation of any kind regarding the Software. This includes but is not limited to warranties that the Software 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. Furthermore, Synergy Games does not warrant that any errors or defects in the Software can or will be corrected.
Without limiting the foregoing, neither Synergy Games nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of the Synergy Games are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Please note that the above statement applies to the Software provided by Synergy Games and governs your use of the Software. It is important to carefully review and understand the terms and conditions outlined in this statement before using the Software.
8. LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, Synergy Games, its directors, officers, employees, affiliates, agents, contractors, principals, licensors, and any of its suppliers, under any provision of this EULA, will not be liable for any damages you might incur.
The telecommunications networks and Internet access services required for you to download and use the Software are entirely beyond the control of Synergy Games. Therefore, Synergy Games shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting the same.
You, at your sole discretion, assume the risk of downloading Synergy Land to your device. Synergy Games will not be liable for any damages you may incur.
You agree to indemnify and hold Synergy Games, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Synergy Games implements measures to prevent cheating, scams, and the use of farming bots, which are explicitly prohibited. If any such misconduct is detected in relation to a user, access to their Account will be banned, and the user will lose all progress made in the Game and their position in the rankings, resulting in the termination of the EULA. This is without prejudice to Synergy Games' right to pursue the user for all damages or claims arising from the aforementioned infringement.
10. YOUR DATA
11. CONSENT TO MONITOR
The Game may employ monitoring measures to detect the presence of unauthorized third-party programs running concurrently with the Game. An "unauthorized third-party program" refers to third-party software, such as add-ons, mods, hacks, trainers, or cheats, that (i) facilitate cheating in any form, (ii) enable users to modify or hack the game interface, environment, or experience, or (iii) intercept or collect information from the Game through unauthorized means. If an unauthorized third-party program is detected, the information that may be collected includes your account name, IP address, details of the detected unauthorized program, and the date and time of detection.
By accepting this EULA, you acknowledge and consent to our monitoring of Game activity and your device for the purpose of enhancing the Game's performance and quality. This monitoring may involve the collection of information related to your device, IP address, your in-game behavior, and your utilization of the Game.
12. MODIFICATIONS AND UPDATES
Synergy Land is subject to changes for development and improvement. As a result, certain features, functionalities, and contents of the game may be modified, corrected, adapted, customized, etc., at the discretion of Synergy Games. Additionally, Synergy Games reserves the right to modify the Synergy Land Legal Terms and/or the characteristics of user accounts at any time. In such cases, Users will be notified of the changes and how they may impact their accounts and/or the game. Any changes to the Synergy Land Legal Terms will become effective upon publication within the game.
Periodic updates may be required for the game. Users will receive notifications regarding these updates either through their accounts or via the Synergy Games Launcher. These updates are intended to improve, enhance, or further develop the game and may include bug fixes, new software modules, enhanced features, or entirely new versions. Please note that these updates may result in setbacks within the game world and/or affect characters, groups, or other content under your control. By accepting this EULA, you agree to receive these updates and grant Synergy Games permission to deliver them to you under the terms outlined herein.
If Users are not satisfied with any of the aforementioned changes, they have the option to close their accounts. The effects stated in the "Effects of Termination" section of this EULA will apply to such account termination.
13. AVAILABILITY OF THE GAME AND ERROR REPORTING
The Game is specifically designed for certain platforms, which will be clearly indicated prior to downloading, including specific operating systems or devices. Additionally, the Game may have its own minimum technical requirements that must be met by your device, such as RAM, available storage, graphics cards, etc. These requirements will be stated on the official Game website and download platform. It is the sole responsibility of each User to ensure that their device meets these requirements. Synergy Games does not guarantee that the Game will run or function on devices that do not meet the specified requirements, and shall not be held responsible for any errors, malfunctions, or other issues arising from non-compliance with these requirements.
Please note that the minimum requirements provided for gameplay are for informational purposes only and do not guarantee flawless operation of the Game or the existence of additional warranties.
Synergy Games does not provide any guarantee regarding the availability, continuity, or error-free nature of the Game. Whenever reasonably feasible, Synergy Games will provide advance notice of any interruptions to the Game. However, to the fullest extent permitted by the applicable law, Synergy Games disclaims any liability for damages of any kind that may arise from the availability and uninterrupted access to Synergy Land.
In order to protect both you and Synergy Games, Synergy Games reserves the right to take action against your Account without prior notice. Such actions may include preventing unauthorized access, resetting Account passwords, suspending Account access, deleting data, or removing Accounts. Your access to the Services may also be affected in response to violations of the Synergy Land Legal Terms.
For general inquiries regarding your use of the Game, we provide a service desk accessible via the following email address: firstname.lastname@example.org
Please note that Synergy Land is a blockchain-based game intended to be played only in countries where cryptocurrencies and Web 3 games are legally permitted. If you reside in a country where such games and/or technologies are prohibited by law, you are not authorized to download and/or play the Game.
14. INDEPENDENT CONTRACTORS
Nothing in this Agreement is intended to establish or does establish any form of joint venture, employee-employer relationship, guarantee, association, or fiduciary relationship between the User and Synergy Games. Furthermore, neither party shall be considered an agent or representative of the other party under these EULA, unless the User is expressly authorized in writing to make representations, provide guarantees, or assume any obligations on behalf of Synergy Games.
The User is not authorized to create or assume, or attempt to create or assume, any obligations or liabilities on behalf of Synergy Games. Without limiting the generality of the foregoing, the User shall not enter into any contracts, agreements, or other undertakings; issue any warranties or endorsements; or incur any obligations or liabilities on behalf of Synergy Games.
15. ENTIRE AGREEMENT
The Synergy Land Legal Terms constitute the comprehensive agreement between the parties concerning the use of Synergy Land, and override and nullify all previous or concurrent agreements, statements, representations, and covenants made by the parties regarding the subject matter therein.
Synergy Games' failure to strictly enforce Users' compliance with any obligations under the Synergy Land Legal Terms, or our failure to exercise any rights or actions available to us under the Synergy Land Legal Terms, shall not constitute a waiver or limitation of such rights or actions, nor release Users from their obligation to fulfill said obligations. Any waiver by Synergy Games of a specific right or action shall not be deemed a waiver of any other rights or actions arising from these EULA, unless explicitly stated in writing as a waiver and duly executed and communicated to the User.
17. PARTIAL NULLITY
In the event that any provision or section of the Synergy Land Legal Terms is declared null and void by a definitive resolution from a competent authority, the remaining provisions of the Synergy Land Legal Terms shall remain in full force and unaffected by such declaration of nullity.
18. CONTRACT LANGUAGE
At Synergy Games, we prioritize our users and strive to communicate with you in your preferred language whenever possible.
To facilitate this, we have translated the Synergy Land Legal Terms into multiple languages.
However, in case of any conflict or ambiguity regarding the interpretation or scope of any section, term, or expression within the Legal Terms, the English version shall prevail as the original and governing version in which they were drafted.
19. LEGISLATION AND JURISDICTION
This EULA is subject to the laws of Spain in all aspects. The parties agree to submit to the jurisdiction of the Courts and Tribunals of Valencia, expressly waiving any other jurisdiction that may be applicable, unless otherwise mandated by applicable legislation. However, both parties will make every reasonable effort to amicably resolve any conflicts that may arise.
20. GIVEAWAYS AND PRIZES
We retain the authority to allocate SNG tokens, stablecoins, and/or in-game rewards as prizes in any raffles or tournaments that may be arranged. By participating in such activities, the User acknowledges and agrees that any token prizes, SNG tokens, stablecoins, and/or in-game rewards won may be subject to tax obligations, and it is the sole responsibility of the User to fulfill any tax liabilities associated with such prizes. The User comprehends and consents that We shall not be held liable for any tax responsibilities related to the tokens, stablecoins, and/or in-game rewards received as prizes.