What is a Cookie?
A Cookie is a device for storing and retrieving data from the terminal equipment (PC, laptop, telephone or any other device) of a natural or legal person using, whether or not for professional purposes, a service provided by this responsible entity. Such cookies may not be used to start programs, transfer viruses or damage the user’s terminal in any way.
While this policy uses the general term “Cookie” as the primary method of storing information used by this website, the “Local Storage” space on your browser is also used for the same purposes as Cookies. In this sense, all the information included in this section is equally applicable to this “Local Storage”.
What are Cookies used for on this website?
Our users’ cookies help us to improve the quality of our website, allowing us to control which pages are useful, which are not and which are susceptible to improvement. Cookies are essential to improve the user’s browsing experience, providing advantages in the provision of interactive services, facilitating the navigation and usability of our website..
The information collected in Cookies also allows us to improve the website by estimating numbers and usage patterns, tailoring the website to individual user interests, speeding up searches, etc.
What are Cookies NOT used for on this website?
We do not store sensitive personal identification information such as your address, password, credit or debit card data, etc. in the cookies we use.
How can I set or disable Cookies on this website?
The help functions of your Internet browser tell you how to disable and delete cookies from your browser. Please note that the deactivation/deletion of cookies may cause the individual functions of our website to no longer function as expected. Furthermore, the deactivation/deletion of cookies only affects the Internet browser you are currently using. For other Internet browsers, the deactivation/deletion of cookies must be performed again. Cookies, which may be necessary for certain functions of our website, are shown below.
In addition, there are several ways to avoid the installation of certain cookies, either by selecting them in the banner or pop-up that we show you when you access our website, or individually for the corresponding service provider whose tools we use for certain purposes. We will indicate the latter possibility in the section below called “How to disable cookies in your browser” or you can access it directly by pressing
What kind of cookies are there?
Below is a classification of cookies according to a series of categories. However, it is necessary to take into account that the same cookie may be included in more than one category.
Why is it mandatory for the user to give the express consent?
In accordance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the Responsible Entity may install cookies and similar technologies on users’ devices if they give their prior consent and provide clear and complete information on the purposes of their use. The aim of this Policy is to provide such information in a useful way for the user.
This consent may be obtained by means of express formulas, such as clicking on a section indicating “I consent”, “I accept”, or other similar terms. It may also be obtained by inferring it from an unequivocal action carried out by the user, in a context where the user has been provided with clear and accessible information on the purposes of the cookies and whether they are going to be used by the same publisher and/or by third parties, so that it can be understood that the user accepts that cookies are installed. In no case does the mere inactivity of the user imply the provision of consent by itself.
In the banner or pop-up the user will find the following buttons to choose from:
In accordance with Article 22(2) of the LISSEC, consent must be given by the “recipients” of information society services, i.e. the user of the website, platform or application.
When is the Responsible Entity exempt from requesting the user’s express consent?
It should be noted that cookies used for any of the following purposes are exempt from the obligations established in article 22.2 of the LISSEC:
“User input” cookies.
Authentication or user identification cookies (session only).
User Security Cookies.
Media player session cookies.
Session cookies to balance the load.
User interface customization cookies.
Plug-in cookies to exchange social content (The exception only applies to users who have decided to keep the session open).
Cookies are served from a computer or domain managed by the publisher himself, but the information collected is managed by a third party for its own purposes.
Provide a service expressly requested by the user (e.g. language selection)
What specific Cookies does this website use and for what purposes?
Below is a table with the Cookies, tags or other similar devices used by this website, along with information on the purpose, duration and management (own or by third parties) of each of them.
Some of our pages show content from external providers, for example, YouTube, Facebook and Twitter.
To view this third-party content, you must first agree to their specific terms and conditions. This includes their cookie policies, over which we have no control, nor responsibility for the security and transparency of your privacy information.
We recommend that you review the privacy and cookie policies of the applications, social networks and service websites that you use on a regular basis.
But if you do not see this content, no third party cookies will be installed on your device.
Third-party providers on the websites
How can I disable Cookies in my browser?
Open Chrome on your computer.
Go to the top right and click More.
Click More Tools.
Delete navigation data.
At the top, choose a time interval. To clear all data, select All periods.
Check the boxes next to “Cookies and other site data” and “Cached files and images”.
Click on Clear the data.
Microsoft Internet Explorer 10 or earlier
Go to “Tools” in the menu bar, which should open, and click on “Internet Options”.
Click on the “Privacy” tab above.
Go to “Settings” and move the slider up to the “Block all Cookies” button.
Microsoft Internet Explorer 11 (Windows 10)
Go to “Tools” in the menu bar, which should open, and click on “Internet Options”.
Click on the “Privacy” tab above.
Go to “Settings” and then “Advanced Options” to be able to allow or block both first and third party cookies or if you prefer to be asked.
Click the Menu button and select Options.
Select the Privacy and Security panel and go to the Cookies and Site Data section.
Click Manage data.... The Manage Cookies and Site Data window will open.
In the Search for websites: field, type the name of the website whose cookies you want to delete. The cookies that match your search will be displayed.
To delete all cookies and site storage data, click Delete All.
To delete selected items, select an entry and click Delete Selected.
Click Save changes.
A confirmation window titled Delete cookies and site data will open: click OK.
Go to the Safari menu, click “About” to determine which version of Safari is being used.
On the Safari menu, click on “Preferences”.
Once in the Safari preferences window, click “Privacy”.
Set the preferences to accept cookies next to “Block Cookies”.
The Responsible Entity will update the above links and descriptions provided in this table on a regular basis. However, it is possible that, at some moments, these do not correspond with the latest version published by the developer of each browser.
There are also some useful resources for the user that offer detailed information on the types of cookies and how they are used on the website of the Spanish Ministry of the Interior or for effective control/deletion of Cookies you can consult at About Cookies.org.
If you wish to have more control over the installation of cookies, you can install programs or plug-ins to your browser, known as “Do Not Track” tools, which will allow you to choose which cookies you wish to allow.
If you identify any unreported cookies you can contact us via our contact form and we will proceed to identify the cookie and your statement.
In compliance with the duty of information contained in article 10 of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, the general conditions governing access to and use of this website, which is constituted and associated under the following domain, are reflected free of charge: https://synergyland.live/
The owner of this website is Synergy Games, S.L., with registered office at Calle Andarella 1 Bloque 2 Piso 2 Puerta 6, 46014, Valencia, TAX ID B67934158. The means of contact provided are email@example.com
The website provides online information about our services as an ARPG Game (hereinafter, 'services') belonging to Synergy Games, S.L. and/or its collaborators, which the USER can access.
The USER is responsible for the actions undertaken in the Portal, including the access registration itself, or the security of the access password established by the USER, and always recommending a responsible, diligent and confidential use of the same. In view of the possible activation of chats, blogs, and section of comments or news, the USER agrees to make an appropriate and responsible use that Synergy Games, S.L. offers through its website, especially avoiding actions that may:
(i) Derive in illegal activities, contrary to good faith and public order;
(ii) Disseminate offensive content of a xenophobic, sexual, or advocacy of terrorism or human rights nature;
(iii) Damage to the hardware and software systems of Synergy Games, S.L. or of its collaborators, by means of malwares or any other method susceptible to cause damage to the integrity of the system or the privacy of the information contained;
(iv) Breaking into and, using the accounts of other USERS to manipulate the security of accounts or the authenticity of posted messages.
Synergy Games, S.L. reserves the right to remove and hide those comments that do not comply with the above, and that in their opinion are not suitable for publication. In any case, Synergy Games, S.L. will not be responsible for the comments and contents shared by the USERS on the web and/or Portal.
Intellectual and industrial property
Synergy Games, S.L., by itself or as an assignee, is the owner of the intellectual property rights of the web page and all the elements that make it up (title, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, domain, source code, etc.)
The author shall have the exclusive right to exploit his work in any form, and in particular the rights of reproduction, distribution, communication to the public and transformation, which may not be carried out without his authorization, except in the cases provided for in this Law..
Both the USERS and those who simply visit the website will respect all the intellectual and industrial property rights of Synergy Games, S.L., without prejudice to authorizing the viewing, printing and storage of the content of the Web site, either in whole or in part, only and exclusively if the following conditions are met:
Exclusively for personal and private use. Its use for commercial or illicit purposes is expressly prohibited.
Respect for the integrity of the contents of the website, any modification of them being expressly prohibited.
In turn, Synergy Games, S.L. owns the intellectual and industrial property rights to its products and services. With respect to the diffusion of products and services of third parties, Synergy Games, S.L. recognises in favour of their holders the corresponding rights of industrial and intellectual property, not implying that because of this their mention or appearance on the Web site derives in rights or responsibilities of Synergy Games, S.L. on the same, nor is there any type of support, sponsorship, or recommendation on our part unless it is expressly stated.
The unauthorised use of the information contained on the Web site, its resale, as well as the violation of the Intellectual or Industrial Property rights of Synergy Games, S.L. will give rise to the legally established responsibilities.
In order to improve the performance of the Web site, Synergy Games, S.L. reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the Web site, to the configuration and design of the Web site and this Legal Notice, as well as any other special conditions.
The validity of the aforementioned conditions of the Legal Notice will depend on their exposure and will remain in force until they are modified by others duly published with their indicated version number.
Disclaimer of Liability
Synergy Games, S.L. does not guarantee the absence of interruptions or errors in access to the Web site or its content, nor that it is updated, nor does it assume any responsibility derived from the content, information or services linked from the Web site, errors or omissions, nor does it guarantee the absence of malwares or other elements in the same that could produce alterations in the computer system (hardware and software), despite having adopted all the necessary technical and organizational technological measures to avoid it..
Under no circumstances will cookies or other similar means be used to store information that allows the identification of the individual user of the website.
Updates or modifications
Synergy Games, S.L. reserves the right to make unannounced changes it deems appropriate in the website, and may modify, remove or add both content, products and services provided through the same in the manner that the owner of the website considers most appropriate.
In the event that on the website, hyperlinks are attached that facilitate access to other websites, such as social networks, Synergy Games, S.L. will not exercise any control over such sites and their contents.
Synergy Games, S.L. will not be responsible for the linked web pages, nor guarantee the quality, technical availability, accuracy, comprehensiveness, truthfulness, reliability, validity and constitutionality of any content in any of the hyperlinks to other Internet sites.
Likewise, the availability of such hyperlinks does not implicitly derive to the consummation of any type of merger, collaboration or participation with the linked entities. Without prejudice to the possibility that some links are previously agreed with the owner of the linked website for the purpose of consideration for the actions freely performed by the USER (affiliate marketing). However, such situation shall in no case affect the absence of responsibility that Synergy Games, S.L. has on the independence of responsibility for the content on the linked website
Existing Articles and Collaborations on our Website
Synergy Games, S.L. is not responsible for the opinions of third parties that have been published on our website, nor does it necessarily coincide with these, without prejudice to serving as a channel of expression for readers to form their opinion freely and according to their own criteria.
Right of exclusion
Synergy Games, S.L. reserves the right to deny or withdraw access to its website and / or services offered, without prior notice, at their own request or that of a third party, and without the right to compensation or indemnification, when these conditions available in this Legal Notice are not met.
Synergy Games, S.L. in the event of non-compliance with these conditions of the Legal Notice on its website, the owner will exercise all available civil and criminal actions that may correspond according to current legislation.
This form is for information purposes only and in no case may a response to the communications made by this means necessarily be derived, nor from the response, if any, may any binding legal effect be derived for Synergy Games, S.L. its partners, associates or collaborators..
The applicable law in case of dispute or conflict of interpretation of the terms that make up this legal notice, as well as any issue related to the information, or products/services available on this website will be under European and Spanish law.
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
Organic Law 3/2018 of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights.
Company Name: Synergy Games, S.L..
TAX ID: B67934158
Registered Office: Calle Andarella 1 Bloque 2 Piso 2 Puerta 6, 46014, Valencia,
a) Provision of services to existing and/or potential customers
Service as an ARPG Web 3 Game
To send commercial information about our products and/or services
b) Suppliers and third parties
Outsourcing of services to third parties (companies, freelancers, foundations, associations...)
c) Human Resources
Personnel file. Time control. Incompatibilities. Training. Pensión plans. Prevention of occupational hazards.
Issuance of personnel payroll, as well as all products derived therefrom.
Management of trade union activity (if applicable)
d) Video surveillance
Ensure the safety of people, goods and facilities.
Legal basis for processing
GDPR: 6.1.a) The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
GDPR: 6.1.b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
GDPR: 6.1. c) Processing is necessary for compliance with a legal obligation to which the controller is subject;
General Data Protection Regulation.
The Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (Applicable to messaging, social networks, and online sales)
* “You have the right to withdraw the given consent at any time”
Existing and potential customers and users
Professionals and collaborators
Employees and potential candidates
Individuals transiting through the Entity's premises
Categories of personal data
Identifying information (name, surname, NIF, postal address, telephone number, e-mail, web page)
Other personal data (marital status, date and place of birth, age, sex, nationality, voice, image, signature, fingerprint, iris, etc.)
Sale and purchase of goods and services
Categories of recipients
Customers' personal data will be communicated to the following recipients:
Public administrations (e.g. Tax Agency; social security)
Judicial bodies 'Where applicable' (Courts)
Financial institutions (Banks)
International data transfers are not foreseen.
Data retention period
They will be retained for the time necessary to fulfill the purpose for which they were collected and to determine any liabilities that may arise from that purpose and the processing of the data.
In compliance with the provisions of Article 32 of the GDPR, Synergy Games, S.L. will ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services. The level of security will be proportional to the risk in the processing of each type of personal data.
Exercise control rights related to your data
We recognize our visitors and users their rights of access, rectification, erasure and portability of their data, and the limitation or opposition to its processing, which may be exercised in the manner provided by law at the addresses indicated above..
For more information on how to exercise your rights, the Spanish supervisory authority, the Spanish Data Protection Authority, provides you with the following link with its description and form to send the request to us: Exercise rights
For any information or questions you need to resolve about the processing of your data by Synergy Games, S.L., you can contact via the e-mail provided: firstname.lastname@example.org
Claim (complaint) to the SDPA
If you feel, after contacting us, that your rights to your data are not being respected, you can make a complaint to the SDPA.
© Synergy Games, S.L.; Calle Andarella 1 Bloque 2 Piso 2 Puerta 6, 46014, Valencia, V.1.0.0. (Spain)
TERMS AND CONDITIONS
Last updated: Feb 23, 2023
Synergy Land is offered and available to users over the age of 16. By accessing or using this game, you represent and warrant that you are of legal age to form a binding contract with us and meet the above eligibility requirements. If you do not meet all of these requirements, you must not access or use Synergy Land.
The information that Sinergy Land are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any person who accesses the Site and/or the App in violation of local laws does so on his or her own initiative and will face consequences where appropriate.
WELCOME AND INTRODUCTION
Welcome to the Synergy Land community. This website and products and services held within are owned and operated by Synergy Games S.L., (VAT no. ESB67934158), and in respect of the terms, Synergy Land will be represented by (“Synergy Games S.L.”, “we”, “us” or “our”).
Synergy Games S.L. and all its subsidiaries are a global independent games development studio crafting next generation original ARPG game franchise experiences utilizing Unreal Engine. The studio is developing on their flagship ARPG title, Synergy Land.
Synergy Land, a Web3 multiplayer game integrating MOBA mechanics into an Action RPG genre. Built by a team of artists, engineers, and game designers, Synergy Land offers a unique community led and frictionless PvP and PVE player experience. The game utilises blockchain technology, which allows users to trade their in-game digital assets in secondary marketplaces.
The Synergy Land game is in the early stages of development, and therefore product timelines related to the game, and in-game economy are subject to change. This may result in subsequent changes to the timelines for capabilities, usage or utility of different Digital Assets which may have been released prior to the finalisation of the game.
These User Terms apply to all interactions from all Synergy Games' products and services supplementary to external platform specific terms such as Discord, Twitch etc. We will most likely implement further updates to our terms and policies when we reach further development of our products and services.
App: means the Synergy Games distributed application that utilizes an exchange on the Ethererum Blockchain, where individual persons can acquire Digital Assets, which then can be visualized on a platform that the buyer of Digital Assets can interact with.
Site: means the (Synergy Land or Synergy Games) websites and social media platforms that the community members, players and users of Digital Assets can interact with.
Game: means the Synergy Land online game.
NFT: means Non-fungible Token which refers to the digital assets users can acquire while playing the game or bought, traded or sold on any whitelisted exchange.
Smart Contract: means the contract you automatically agree to on the Ethereum blockchain to execute transactions.
Digital Assets: means virtual assets or collectables to or in connection with Synergy Games products or services including the Synergy Land game and consist of (i) intangible but visible or auditory parts (graphic displays, symbols, sounds, etc.); (ii) certain rights and (iii) underlying NFTs; examples of Digital assets include game assets such as land plots, game items such as collectables and community accessories such as support badges.
Polygon: Means a layer-2 scaling solution for Digital Assets on the Ethereum blockchain. On Jan 17th 2023, we announced that we would be switching platforms from Solana to Polygon. Users who hold Digital Assets with us are fully responsible to migrate their Digital Assets from Solana’s platform to Polygon within 10 months of the original announcement, i.e. by December 31st 2023. Digital Assets which have not been migrated will from December 31st 2023 no longer be supported.
Xsolla means an information technology provider and software developer service provider.
SYNERGY LAND, WHAT IS IT?
Company Name: Synergy Games, S.L.
TAX ID: B67934158
Registered Office: Calle Andarella 1 Bloque 2 Piso 2 Puerta 6 - Valencia
Synergy Land is a Web3 multiplayer game integrating MOBA mechanics into an Action RPG genre.
Synergy Land allows users like you to play, purchase, transfer and exchange unique digital game assets ('Assets'), which can then be used in the same game.
Synergy Land allows users like you the following possibilities:
Buy NFTs (characters, bosses, pets, equipment, crafting blueprints, station blueprints and furniture).
Breed, heal or upgrade new pets
Owning one of the islands scattered around our world
Build a house to rest in
Hire workers to collect resources or craft amazing items
Fight through dungeons to obtain rewards
USER REGISTRATION AND REPRESENTATION
You may be required to register and thereby submit your personal information to the Site, the App, and the Smart Contract. It is your responsibility to ensure complete, accurate, relevant information and to maintain the information associated with your registration and account.
We inform you that you must have the legal capacity necessary to perform your obligations under these Terms and you understand that you cannot legally purchase Digital Assets, or use the App and the Site if you are a minor in the jurisdiction you reside.
You agree to keep your wallet address and password personal and confidential and will be responsible for all use of and access to your account and password.
You acknowledge that for the purpose of complying with applicable legislation, including but not limited to anti-money laundering laws and regulations, court rulings, public authorities decisions, industry practice, or other request or requirements, we may demand from you further information to be able to fully identify or perform checks of you or others; You agree and understand that fulfilling of such requirements may be necessary to complete the transactions on the Polygon/Ethereum Blockchain with the purpose of buying, selling or trading Digital Assets and using the Site, the App or the Smart Contract, and that we may have to rescind such transactions if you do not comply with our demands in this respect.
We own and shall remain the sole owner of all legal rights, titles and interests in and to all other elements of the Synergy Games S.L. products which includes the Game, the Site and in the App, and all intellectual property rights (“IP rights”) vested in the App and the Digital Assets.
When acquiring Synergy Land related Digital Assets, you own the underlying NFT. Within your ownership lies that you are permitted to trade, sell or give away your NFT. NFT ownership, and rights included herein are governed by the Smart Contract and the Polygon/Ethereum Blockchain. Nothing in these Terms, the Smart Contract, the App or the Site is intended to give you ownership of IP Rights or other rights in respect of our intellectual property.
We may require you to transfer your Digital Assets to another platform, in which case we will grant you at least twelve (10) months to migrate your Digital Assets. If you fail to transfer your Digital Assets and choose to keep your Digital Assets on a platform that we no longer support, the value of such Digital Assets may decrease substantially.
In-Game Currency and Non NFT Goods
The Synergy Land Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. The Synergy Land Services may also include the opportunity to acquire virtual, in-game digital items ("Non NFT Virtual Goods"), including by purchasing a limited license to the Non NFT Virtual Goods that may be paid for with real money or Virtual Currency. When you pay to obtain such Virtual Currency orNon NFT Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License include such Virtual Currency and Non NFT Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.
Regardless of any reference Synergy Land might make outside this Agreement to purchasing or selling Virtual Currency or Non NFT Virtual Goods, you acknowledge and agree that both Virtual Currency and Non NFT Virtual Good(s) are licensed, not sold, to you under this Agreement. Provided that you comply with this Agreement, Synergy Land grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the Synergy Land Services. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Non NFT Virtual Goods. Any access or use of Virtual Currency or Non NFT Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may result in a termination of your Account. Except for the limited license grant described above, Synergy Land reserves and retains all other right, title, interest or otherwise, in and to the Non NFT Virtual Goods and Virtual Currency.
Synergy Land reserves the right to modify, manage, control or eliminate Virtual Currency and/or Non NFT Virtual Goods in its sole discretion. You acknowledge and agree that Synergy Land may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Non NFT Virtual Goods at any time, except as otherwise required by applicable laws.
When you provide payment information to Synergy Land or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize Synergy Land to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Non NFT Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. Should you have any question regarding the refund policy, please contact our customer service at email@example.com
You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
Xsolla is a global distributor of in-game items/keys/inconvertible VC (not NFTs)
Unless otherwise noted, the Website, Game and Smart Contracts are the property of Synergy Games and all source code, database, functionality, software, website design, audio, video, text, photographs and graphics on the Site and Applications (collectively, the 'Content') and trademarks, the service marks and logos contained therein (the 'Marks') are owned, controlled or licensed by us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Spain, foreign jurisdiction and international conventions.
Provided that you are eligible to use the Website, App and Smart Contracts, you are granted a limited license to access and use the Game or to download or print a copy of any portion of the Content to which you have properly obtained access solely for your personal, non-commercial use. We reserve all rights not granted for the website, app, content and trademarks.
Infringement of the intellectual and industrial property rights of Synergy Land holder thereof, may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
By using the website, application and smart contracts, you represent and warrant that:
All user registration information you submit will be true, accurate, current and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You are not a minor in the jurisdiction in which you reside;
You will not access the Website, App and Smart Contracts through automated, non-human means, whether through a bot, script or otherwise; You will not access the Website, App and Smart Contracts through automated, non-human means, whether through a bot, script or otherwise. Except as expressly mentioned herein;
You will not use the Website, the App and Smart Contracts for any unlawful and unauthorized purpose;
Your use of the Website, App and Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the App and Smart Contracts (or any part thereof).
You will only use an in-game account to earn tokens in any 24-hour period.
You, as the owner of a Synergy Land account, are responsible for your actions in the game, and those playing on your behalf, and that your actions may have consequences.
It has not been included in any list of trade embargoes or economic sanctions, such as the list of defaulters.
Synergy Land reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, in its sole discretion, to provide Synergy Land services in certain countries or regions.
'User Content' means all information and content that a user submits to or uses with our website (e.g., contact form, blog, etc.). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party.
You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored, or otherwise endorsed by Synergy Land. Because you are solely responsible for your User Content, you may expose yourself to legal liability. The Company is not obligated to back up any User Content, and therefore, User Content may be deleted at any time without notice to you. You are solely responsible for creating and maintaining your own backup copies of your User Content if you so choose.
The following terms constitute our 'Acceptable Use Policy':
(a) You agree not to use the platform to collect, upload, transmit, display or distribute any User Content
(i) That violates any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights of privacy, rights of publicity, or any other intellectual property or proprietary rights;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another person's privacy, vulgar, defamatory, false, intentionally misleading, commercially defamatory, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or harm of any kind against any group or individual or is otherwise objectionable;
(iii) that is harmful to minors in any way;
(b) You further agree not to:
(i) Upload, transmit or distribute through the Site any computer virus, worm or any software intended to damage or alter a computer system or data;
(ii) Send through the Site any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, commercial or otherwise;
(iii) Use the Site to harvest, collect, compile or assemble information or data about other users, including email addresses, without their consent;
(iv) Interfere with, disrupt or create an undue load on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(v) Attempt to gain unauthorized access to the Site or other computer systems;
(vi) Harass or interfere with any other user's use and enjoyment of the Site; or
(vi) Use automated software or agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests or queries.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if it violates the Acceptable Use Policy or any other provision of these Terms or otherwise creates liability for us or anyone else. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
If you provide the Company with comments or suggestions regarding the Site (Feedback ), you hereby assign to Synergy Land all rights in such Feedback and agree that the Company shall be entitled to fully use and exploit such Feedback and information in any manner it deems appropriate. You agree that you will not submit to the Company any information or ideas that are deemed confidential or proprietary.
You may not access or use the Website, the App and Smart Contracts for any purpose other than to make them available to users. You may not use the Website, the App and Smart Contracts as an instrument to obtain business transactions, except as agreed in a legally binding contract with Synergy Land.
Systematically retrieve data or other content from the Website, the App and Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
Make any unauthorized use of the Website, the App and Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
Use the Website, the App and Smart Contracts to advertise or offer to sell non-Synergy Games goods and services.
Circumvent, disable or interfere with security-related features of the Site, App and Smart Contracts, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site, App and Smart Contracts and/or the Content contained therein.
Engage in unauthorized framing or linking to the website, application and smart contracts.
Cheat or defraud other users, especially in any attempt to obtain confidential account information, such as user passwords.
Misuse our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
Interfering with, disrupting or creating an undue burden on the website, application, smart contracts or networks connected to the platform.
Attempt to impersonate another user or person or use anotheruser's username.
Sell or transfer your profile.
Use any information obtained from the Website, the App and Smart Contracts to harass, abuse or harm another person.
Use the website, application and smart contracts as part of any effort to compete with Synergy Land or for any revenue generation effort.
Decrypt, decompile, disassemble or reverse engineer any software comprising or otherwise forming part of the Website, App and Smart Contracts.
Attempt to circumvent any measures designed to prevent or restrict access to the platform, or any part of the website, the application and smart contracts
Harass, intimidate or threaten any of our employees or agents engaged in providing you with any part of the website, app and smart contracts.
Remove copyright or other proprietary rights notices from any Content.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of all capital letters and spam, that interferes with any party'suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the website, application and smart contracts.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including but not limited to clear graphics interchange formats (gifs), 1 × 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to asspyware or passive collection mechanisms or pcms).
Except as may result from the use of standard search engines or the Internet browser, the use, launching, development or distribution of any automated system such as spiders, robots, accessing the website, application and smart contracts is prohibited. It is also forbidden to use or launch any unauthorized scripts or other software.
Disparage, tarnish or otherwise harm, in our opinion, us and/or Synergy Land.
Use the Website, App and Smart Contracts in a manner inconsistent with applicable laws or regulations.
Engage in any practice intended to manipulate the outcome of any Synergy Land match. All players must play to the best of their ability and any kind of match fixing, exchange of winnings or collusion between competitors is strictly prohibited.
ECONOMIC ACTIVITIES (PAYMENT)
Synergy Games will never sell items or resources; in-game items and resources will be fully controlled by the player economy.
Synergy Land will host two marketplaces, both on the web and in the game simultaneously.
These markets are crucial in the game ecosystem.
- Digital Assets MARKET
Where players will be able to trade digital assets items using the SNG token.
- FT MARKET
Where players will be able to trade FT items using the $ACN token.
FT items are everything related to resources.
- MARKET FEES
There will be a % fee for each transaction made in each market.
A percentage of the fees from both markets will be used to maintain the
- PRODUCTION TAXES
Owners will be responsible for paying monthly taxes. These taxes will be paid using the $ACN token and the amount will depend on the number of stations on the island.
Owners who do not pay the taxes will have their stations deactivated but without stopping the accumulation of taxes.
The purchase, trade and selling of all Digital Assets is enabled through whitelisted secondary marketplaces on the Ethereum Blockchain. The financial transactions that you engage with in this blockchain are governed solely by the owners of the marketplaces and Ethereum blockchain and we have no insights to or control over such transactions. Any claims or damages that may arise as a result of transactions on the exchanges, marketplaces, wallets or Ethereum Blockchain is not part of our responsibility or control, and as such we cannot be held liable to you or any third parties for any claims or damages connected to transactions.
Each time you utilize a Smart Contract to conduct a transaction, no matter the type of transaction, with another user via the App, you authorize and agree to the terms and conditions of those specific applications. This includes all fees which are outlined clearly during the purchasing process.
We use the Polygon Blockchain Network since it is currently one of the best performing Blockchains for game development. This Blockchain network is capable of handling thousands of transactions per second and very low fees.
Polygon Blockchain Network measures its Blockchain times in milliseconds. This will help all game transactions to be completed almost instantly. Polygon Blockchain Network is secure, fast, affordable and compatible with games.
Polygon Blockchain Network requires payment of a transaction fee (a 'Gas Fee') for each transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized network. This means that you will have to pay a Gas Fee for each transaction that occurs through the Application.
As to us, you will be solely responsible for paying any and all sales, use, value added and other taxes, duties and levies (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, 'Taxes') associated with your use of the App (including, without limitation, any Taxes that may be payable as a result of your ownership, transfer or reproduction of any of the SNG token).
Except for income taxes levied on Synergy Land, you:
(i) You will pay or reimburse us for all national, regional, municipal or any other governmental taxes and levies, including value added taxes and duties as required by international tax laws, treaties, customs or other import or export taxes, and amounts collected in lieu thereof based on charges assessed, services rendered or payments made hereunder, as they are now or may in the future be imposed under the authority of any taxing jurisdiction.
(ii) You will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
We are developing a system to protect the value of our governance token by implementing several deflationary mechanisms:
Token burning system.
A percentage of Digital Assets pre-sales
A percentage of each transaction in our markets.
Strategy to build strong partnerships
A large percentage of profits will be invested in the ecosystem.
Regular marketing strategies to grow our community and investors.
DISCLAIMER OF WARRANTIES
Synergy Games S.L. to the fullest extent permissible under applicable law, makes no warranties of any kind related to the Site, the App and the Smart Contracts, whether express or implied. This also applies for any communication between us and you in and after your purchase of Digital Assets. The information on the Site is not comprehensive and is intended to provide access to information about the Synergy Land project. You should monitor any changes to the information contained on the Site. We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.
The Site, the App and the Smart Contracts are provided “AS IS” and “AS AVAILABLE” and you understand and agree that the Synergy Land Game is still under production and the Site, the App, these Terms and the purchased Digital Assets may from time to time and without notice be subject to further development and changes.
Synergy Games S.L. will not be held accountable, responsible or liable for any losses or damages, whether direct or indirect, you incur as a results of your use of Smart Contracts and the Polygon/Ethereum Blockchain, and any payments and transactional actions performed by you in relation thereto, as well as damages incurred by violation of these Terms, including without limitation your behaviour in contradiction with the prescribed limitations in use. We are not liable for interference with or damage to your computer systems in connection with the use of the Site or the App. You must take your own precautions to ensure that whatever you select for your use is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
Digital Assets are intangible digital assets that exist only by virtue of the ownership record maintained in the Polygon/Ethereum Network. You agree and understand that Synergy Games S.L. has no control over or and makes no warranties with respects to Smart Contracts, or losses due to blockchain or any other features of the Polygon/Ethereum Network. You acknowledge that the NFTs connected to Digital Assets are closely related to the Game.
We specifically disclaim any effects of keeping Digital Assets on a platform that we have ceased to support, e.g. such as the Solana Network that we no longer support from December 31st 2023.
We inform you that your data will be processed by Synergy Land, which will act as the data controller. The purposes of such treatments are the maintenance of the commercial relationship and offer our services as a video game play to earn in our blockchain network. Also the sending of commercial communications of Synergy Land products/services will be carried out.
The legitimate basis of these treatments is the commercial obligation itself.
The legitimate basis for sending commercial communications both own and third parties, is the own explicit consent contained in this document. Personal data will be kept for the duration of the business relationship and thereafter, provided that the user has not exercised his right of deletion, will be retained taking into account the legal deadlines that apply in each specific case, taking into account the type of data and the purpose of processing.
Synergy Land does not transfer the personal data of its users to any other entity, except for legal obligations and interests necessary for the effective provision of the contracted service.
Synergy Land guarantees the holder the exercise of the rights of access, rectification, suppression, opposition, limitation and portability by writing to SYNERGY GAMES, S.L. and attaching a photocopy of the ID card. , Calle Andarella 1 Bloque 2 Piso 2 Puerta 6, 46014, Valencia, , or through electronic means in the forms available at firstname.lastname@example.org
We welcome your comments and suggestions about our Services and you agree that any comments or suggestions you send us about the Services are entirely voluntary and that we shall be free to use such comments or suggestions as we see fit and without any obligation to you.
RIGHT TO MONITOR, MODERATE OR REMOVE
You agree that you assume all risks associated with your Assets. You are solely responsible for safeguarding your Assets, and Synergy Land has no obligation to store copies of the Assets and Games for future availability to you or any user, except as otherwise provided in these Terms.
Synergy Land does not permit infringement of intellectual property rights in the Services and will remove Assets if properly notified that they infringe someone else's intellectual property rights. We reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or who’sAssets have been removed from the Service.
WEBSITE AND THIRD PARTY CONTENT
The Site and/or the App (or may be sent to you through the Site and/or the App) link to other websites (Third Party Websites), as well as to articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or items that belong to or originate from third parties (Third Party Content). Such Third Party Websites and Third Party Content are not investigated, monitored or verified by us for accuracy, appropriateness or completeness, and we are not responsible for any Third Party Websites accessed through the Site and/or the App, or any Third Party Content posted on, made available on or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in any Third Party Websites or Third Party Content.
You should review the applicable terms and policies, including privacy and data collection practices, of any websites you navigate to from the Site and/or the App or in connection with any applications you use or install from the Site and/or the App. Any purchases you make through third party websites will be through other websites and other companies, and we assume no responsibility or liability in connection with such purchases which are solely between you and the applicable third party.
You agree and acknowledge that we do not endorse the products and services offered on third party websites and you shall hold us harmless for any damages caused by your purchase of such products and services. In addition, you must hold us harmless for any loss suffered by you or damage caused to you in connection with any third party content or any contact with third party websites. You agree and acknowledge that we do not endorse the products and services offered on third party websites and you shall hold us harmless for any damage caused by the purchase of such products and services.
In addition, you must hold us harmless for any loss suffered by you or damage caused to you in connection with any third party content or any contact with third party websites. You agree and acknowledge that we do not endorse the products and services offered on third party websites and you must hold us harmless for any damage caused by the purchase of such products and services. In addition, you shall hold us harmless for any loss suffered by you or damage caused to you in connection with any third party content or any contact with third party websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site and App, such as sidebar ads or banner ads. If you are an advertiser, you must take full responsibility for the advertisements you place on the Site and/or the App, and the services provided on the Site and/or the App, or the products sold through those advertisements. In addition, as an advertiser, you warrant and represent that you have all rights and authority to place advertisements on the Site and/or the App, including, without limitation, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements and have no other relationship with advertisers.
Any advertising of cryptocurrencies shall be made in compliance with Circular 1/2022, of January 10, of the National Securities Market Commission (CNMV), regarding advertising of cryptoassets presented as investment objects.
By virtue of art. 3 of said Circular, all advertising activity on crypto-assets that are the object of investment shall be obliged to comply with said Circular.
For these purposes, any advertising activity addressed to investors or potential investors in Spain in which crypto-assets are offered or are drawn attention to, implicitly or explicitly, as an investment object, will be considered as advertising activity.
In any case, it shall be presumed that a crypto-asset is being offered or is being drawn attention to as a possible object of investment when its acquisition is promoted or any reference is made to its profitability, price or value, current or future, that could suggest an opportunity to invest in it.
Synergy Land is responsible for the advertising of its own cryptocurrencies ($SNG or $ACN), which shall be clear, balanced, unbiased and not misleading. To this end, it will use simple and easy to understand language and will avoid the omission of relevant information or the inclusion of ambiguous, biased, incomplete or contradictory information that could lead to confusion.
EXEMPTIONS FROM LIABILITY; LIMITATION OF LIABILITY
Nothing in these terms shall prejudice any statutory rights you may have as a consumer of the services.
The Services and all information, content, products (tokens) made available to you are provided by Synergy Land. You expressly agree that your use of the Services is at your own risk, to the extent permitted by law.
Synergy Land disclaims all warranties, express or implied, including but not limited to the value of cryptocurrencies and their value in the investment market. To the extent permitted by law, Synergy shall not be liable for any lost profits or any indirect, incidental, punitive, special or consequential damages.
MODIFICATION AND TERMINATION OF SERVICE
At any time and without notice, Synergy Land reserves the right to modify or discontinue offering all or part of the Services. Synergy Land may, in its sole discretion and at any time, deny access to any person to create and/or upload Assets, and/or block or prevent their access to and use of any of the Services.
OTHER WEBSITES AND SERVICES
Synergy Land shall in no event be responsible for the technical availability of the Third Party Services, the content, advertising, products and/or services available on the Third Party Services, or any transactions that take place.
Synergy Land may not, under any circumstances, be a party to any dispute between you and any third party with respect to the Third Party Services.
If one or more provisions of these terms and conditions are considered invalid or are declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive relief.
The language in which the contract between Synergy Land and the user will be perfected is English, even if the user has chosen on the website any other language available for browsing the website (Spanish and English).
Law 34/2002, of July 11, 2002, on information society services and electronic commerce.
Regulation (EU) 2016/679 of the European parliament and of the council
of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Organic Law 3/2018, of December 5, 2018, on the protection of personal data and guarantee of digital rights.
Circular 1/2022, of January 10, of the National Securities Market Commission, regarding advertising on cryptoassets presented as investment objects.
JURISDICTION AND DISPUTE RESOLUTION
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of end consumers, the place of fulfillment of the obligation or the domicile of the user party is taken into account.
In the case of a reservation made by a company, both parties submit to Spanish law and, expressly waiving any other jurisdiction, to the Courts and Tribunals of Zaragoza (Spain).
All this without prejudice to the user's right to go to the Consumer Arbitration Board of its demarcation.
If necessary, you may also submit your claims with respect to our online dispute resolution products to the European Commission. The European Commission will forward your complaint to the competent national body. https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
Pursuant to applicable arbitration law, you are required to notify Synergy Land in writing of any claim or dispute before requesting arbitration, with a view to obtaining an amicable settlement.
CONSUMER ARBITRATION SYSTEM (CONSUMER ARBITRATION BOARD OF THE GOVERNMENT OF VALENCIA)
(Information at: https://www.gva.es/es/inicio/procedimientos?id_proc=2290&version=amp)
Synergy Land reserves the right to amend these Terms at any time by posting a notice on this page. Any user who uses the Services after an amendment has become effective accepts the amended Terms. A user who does not accept the amended Terms will cease using the Services.
For any doubt, suggestion, complaint or query about SYNERGY LAND, you may contact the User Service Department, by any of the following means: e-mail email@example.com.; postal mail Calle Andarella 1 Bloque 2 Piso 2 Puerta 6 (46014 Valencia) Spain.
SYNERGY LAND will respond to your request as soon as possible and, in any case, within one month. In the event that your request is not satisfactorily resolved, you may access the out-of-court dispute resolution system indicated in these conditions.
TERMS AND CONDITIONS (NFTs or Non Fungible Tokens)
Last updated: Feb 23, 2023
Synergy Land NFT Terms of Sale
When you purchase non-fungible tokens (NFTs) for use in Synergy Land from Synergy Games S.L. you must agree to the terms and conditions set out in this document (TERMS AND CONDITIONS (NFTs or Non Fungible Tokens), which apply to you and any subsequent person to whom you sell the NFT(s) you purchased from us in the first instance.
Synergy Land NFTS
Synergy Land has different NFTs such as:
Community PFP Profile Picture
In-Game Crafting Blueprints
In-Game Station Blueprints
PFP, Badges, Characters, Lands, Bosses, Pets and Station Blueprints are exclusive and limited series of NFTs that will be injected into the game through pre-sales.
Pets, Station Blueprints and Crafting Blueprints will also be obtained through dungeon loot.
Equipment will only be obtained through dungeon loot or can be crafted in stations.
Applicability of NFT Terms
All NFTs purchased or procured by you are subject to these NFT Terms, unless otherwise agreed in writing and by purchasing or pre-purchasing any NFT you are agreeing to be bound by these NFT Terms.
The use of any NFTs with Synergy Land is subject to these NFT Terms together with any other terms and conditions which may apply to the use of Synergy Land.
Termination of these NFT Terms will not affect any obligations which have arisen prior to termination.
Pre-sales of NFTs
- We may conduct pre-sales of NFTs from time to time, either as a stand-alone or with bundles, including for early access or for expansions of Synergy Land.
Orders placed for pre-purchase of NFTs are non-refundable, cannot be cancelled for change of mind, and require payment of the Purchase Price at the time of the pre-purchase.
We may require that register an account with us to pre-purchase an NFT.
We may that you nominate your Digital Wallet at the time of the order, or nominate a Digital Wallet at a later time, for delivery of any pre-purchased NFT.
We will undertake reasonable endeavours to delivery any pre-purchased NFTs to your nominated Digital Wallet by any date we provide for delivery. You acknowledge, however, that the delivery date may change for reasons including for reasons outside or within our control, including at our sole discretion.
Sales of NFTs
- We may list NFTs for sale from time to time, which may be stand-alone or as part of a bundle of other digital goods.
Orders placed for NFTs are non-refundable, cannot be cancelled for change of mind, require payment in full of the Purchase Price at the time of purchase and may require that you connect or provide a Digital Wallet for delivery of the NFT at the time of sale.
Pre-conditions to sale
- You must make payment in full in any nominated Digital Currency or via any other nominated payment method as a pre-condition to any purchase of an NFT.
In the event that any payment is reversed or becomes invalid, including via either a double spend attack or recall or refund request by a payment processor, you agree to immediately return to us any NFTs the subject of a sale where the Purchase Price has no longer been retained in full by us.
Title and Risk
- Risk and title in any NFT purchased transfers to you upon delivery of the NFT.
Xsolla is a global distributor of in-game items/keys/inconvertible VC (not NFTs)
No transfer of Intellectual Property
Except as expressly stated in these NFT Terms, nothing in these NFT Terms are intended to give you ownership of any Intellectual Property Rights in, or other rights in respect of, any trademarks, business names, logos, trading styles, get-up, processes, methodologies or other intellectual property belonging to us or our licensors. All ownership of Intellectual Property Rights in the NFTs remains with the creator.
Grant of Licence
Subject to your continued compliance with these NFT Terms, we grant you a non-exclusive, transferable, worldwide, royalty free and limited licence to use, copy and display the design and art associated with the NFTs you have purchased.
You agree that you may not, nor permit any third party to, without our written consent, modify the art or design associated with an NFT you have purchased; or use such NFT to promote, advertise, market or sell any third party product or service; or use the NFT in connection with images, videos or other media which depict hatred, intolerance, violence or cruelty; or attempt to trademark or copyright other acquire additional intellectual property rights to the design or art associated with the NFT; or use the NFT for any commercial benefit.
Your licence terminates immediately if you:
Use the NFT in any way which would be reasonably considered to bring the Intellectual Property Rights owner into disrepute, or which would be reasonably seen to disparage the Intellectual Property Rights owner; and
Use the NFT for any unlawful or illegal purpose; and
You sell the NFT, and do not ensure that the buyer is notified of and agrees to be bound by these NFT Terms.
These NFT Terms may be terminated with immediate effect:
If one of the warranties in clause (Warranties) is breached; or
by either party if the other party commits any material breach of its obligations under these Terms and fails to remedy such breach (if capable of remedy) within 30 days of receipt of notice from the non-defaulting party requiring it to do so.
Termination of these Terms does not affect the rights of the parties which have accrued prior to termination.
You acknowledge and agree that:
- we provide NFTs solely on a proprietary basis for use with Synergy Land and if we transact with you we do so solely on a bilateral basis;
NFTs are not intended for speculative use, are not sold or represented to be financial product and nothing we publish is in any way financial advice to you or any other person;
NFTs experience may have extreme price volatility, including being worthless in the future;
we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person;
you are solely responsible for any decision to enter into a transaction subject to these NFT Terms, including the evaluation of any and all risks related to any such transaction;
a significant degree of IT sophistication is required to safely deal in and store NFTs of any kind using a Digital Wallet;
all transactions entered into and conducted under these Terms are deemed to have occurred within the jurisdiction of Valencia, Spain;
we are not responsible for any Loss caused by your failure to act in accordance with our policies, procedures or in accordance with our reasonable directions;
you purchase NFTs entirely at your own risk and understanding we have not made any representations or warranties as to the IT security or ongoing availability of such NFTs or that your access to use your NFTs in Synergy Land or in any other way will be uninterrupted, timely or secure at all times;
you understand and acknowledge that your ownership of NFTs remains contingent upon you remaining in control of the seed phrases and private key associated with your Digital Wallet and that we will not store any information in connection with your Digital Wallet beyond that required for the sale of NFTs or the interaction of your Digital Wallet with Synergy Land;
we do not and cannot guarantee there will be any use for, or any particular price available for any NFT you purchase from us; and
we do not represent or guarantee any outcomes, or any financial return from your acquisition of any NFT from us, save the ability to use the NFT within Synergy Land for such time as we choose to support and off Synergy Land, and such access to Synergy Land may be subject to further terms and conditions, including payment of subscription fees.
We represent and warrant that:
We own, or use under licence, the Intellectual Property Rights in the NFTs which we sell and are legally entitled to, and are capable of, selling the NFTs offered for sale;
We will give you notice before we discontinue or alter the rights or features of any NFTs which you have purchased, subject to any other terms and conditions applying to Synergy Land; and
We will undertake reasonable efforts to delivery any pre-purchased NFTs within the planned time indicated for delivery.
You warrant and assure us that in acquiring an NFT (from us or a third party):
You are sufficiently experienced and educated to make decisions regarding the procurement or purchase of NFTs from us, including sufficient experience in dealing with and storing NFTs using a Digital Wallet;
You have all necessary experience, resources, certificates, licences, permits and approvals to procure or purchase of NFTs applicable in Your Jurisdiction, and that any transactions under these NFT Terms or in your use of Synergy Land will be legal under the applicable laws of your Your Jurisdiction;
all information you supply to us is true and accurate as at the time it is given, and that any Digital Wallet address you provide to us has been generated in accordance with best practice security measures and no other party, other than you or your authorised representative, has used, or has access to, the seed phrases, private keys or analogous passwords required to effect transfers from, the Digital Wallet;
as far as you are aware, there are no facts, circumstances or other information which both:
- you have not fully and fairly disclosed to us in a manner and to an extent that it would impact out ability to make a reasonable assessment of those facts, matters and circumstances prior to entering into a transaction to sell you an NFT; and
is of such nature and materiality that a reasonable person, had it been made aware of, could not reasonably be expected to consider prior to entering into a transaction for the sale of NFTs;
you are not involved in any capacity in any claim, legal action, proceeding, suit, litigation, prosecution, investigation, enquiry, mediation or arbitration (nor which are pending or threatened) concerning NFTs;
if we request, you will identify and substantiate the source of funds involved in transactions to acquire NFTs;
no Digital Currency transferred to us as part of a Purchase Price has been derived from any illegal or unlawful activity;
you are the lawful owner of any Digital Wallet nominated for delivery of NFTs and each Digital Wallet is owned and operated solely for your benefit, and no person has any right, title or interest in you nominated Digital Wallet; and
you have had the opportunity to obtain independent legal advice in relation to the terms and effect of these Terms.
You represent and warrant to us that each of the Purchaser Warranties is true and accurate, and not misleading or deceptive as at the date of these Terms and, except as expressly stated, will be true, accurate and not misleading or deceptive each time a NFTs are provided to you.
You must disclose to us anything that has or will constitute a material breach of a Purchaser’s Warranty or cause a Purchaser’s Warranty to be untrue or inaccurate, as soon as practicable after you become aware of it.
Each party warrants and assures the other party that:
if it is a company, it is duly incorporated and validly exists under the law of its place of incorporation;
it is not subject to an Insolvency Event; and
these terms constitute a legal, valid and binding terms enforceable in accordance with its terms by appropriate legal remedy.
Nothing in these NFT Terms does, or is intended to, exclude any Statutory Rights which you are entitled.
Where the Purchase Price has been paid in a Digital Currency and you are entitled to a refund in relation to a Statutory Right or for any reason, you agree the refund is to be made in the same form of Digital Currency used in the initial transaction, or at our option in USD equivalent to the value of the Digital Currency used in the initial transaction on the date the Purchase Price was paid.
Knowledge and awareness
Where a warranty is given ‘to the best of a party’s knowledge, belief and awareness’, or ‘as far as the party is aware’ or with a similar qualification as to the relevant party’s awareness or knowledge, the party giving the warranty will be deemed to know or be aware of a particular fact, matter or circumstance if that party’s directors or senior management employees are aware of that fact, matter or circumstance, or would have become aware if they had made reasonable enquires as at the date of these Terms.
You hereby indemnify us and our Personnel and will keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Loss or Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, a breach of a Purchaser Warranty without limitation.
In addition, you must indemnify us and our Personnel and keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, any breach of these NFT Terms, other than a breach of a Purchaser Warranty, or any breach of all applicable laws, reduced to the extent of the Loss in respect of the Claim was caused by the negligent act or omission of us or our Personnel.
Limitations of liability
Limitation of liability
In the absence of a material breach of these NFT Terms by us or the gross negligence, fraud or wilful misconduct by us when providing NFTs to you under these NFT Terms, we will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing NFTs to you pursuant to these NFT Terms, including in respect of a Force Majeure Event.
Third party services
Subject to clause (Indemnity), we will not be liable for the performance, errors or omissions of unaffiliated, nationally or regionally recognised third parties or decentralised networks such as, by way of example and not limitation, blockchain networks (whether private or public) courier companies, national postal services and other delivery, telecommunications and other companies not under our reasonable control, and third parties not under our reasonable control providing services to the blockchain industry generally, such as, by way of example and not limitation, companies and other entities providing processing and payment or transaction services (including “Layer 2” services), banking partners, custody services, market making services and/or third party pricing services and decentralised blockchain networks such as, by way of example and not limitation, the blockchain(s) upon which any NFT depends or forks of those blockchain(s).
Compliance with laws – No monitoring responsibilities
We will have no liability or responsibility for your compliance with laws or regulations governing the transfer and use of NFTs. Further, you are solely responsible for compliance with all applicable requirements of any laws, rules, and regulations of governmental authorities in Your Jurisdiction.
You further acknowledge that neither we nor any of our Personnel is, and will not be, by virtue of providing NFTs to you, an advisor or fiduciary to you.
No Consequential Loss
Neither party to these NFT Terms will be liable to the other for any Claim, howsoever arising, for loss of profits, loss of opportunity, loss of expectation, loss of chance, or in the nature of an indirect or consequential loss.
Each Party acknowledges that it may receive access to Confidential Information (Receiving Party) of the other party (Disclosing Party) pursuant to these Terms.
The Receiving Party will not, and must ensure that each member of the Receiving Party’s Personnel do not, use the Confidential Information for any purpose other than strictly for the purposes of complying with the Receiving Party’s obligations, or exercising the Receiving Party’s rights, under these Terms.
The Receiving Party will ensure that the Receiving Party, and each member of the Receiving Party’s Personnel, will not disclose or permit the disclosure of the Confidential Information to any person other than to the extent the Receiving Party can prove:
the disclosure is to a member of the Receiving Party’s Personnel who requires the Confidential Information for the purpose of performing the Receiving Party’s obligations under these Terms, is aware of the Receiving Party’s obligations under this clause (Limitations of liability) and has agreed to comply with the Receiving Party’s obligations under this clause (Limitations of liability) as if the person was a party to these Terms;
the disclosure is in accordance with the Disclosing Party’s specific and prior written consent; or
the disclosure is required by law.
Without prejudice to any other rights or remedies that a Disclosing Party may have, the Receiving Party acknowledges that damages alone would not be an adequate remedy for any breach or threatened breach by the Receiving Party of this clause (Limitations of liability) and accordingly, the Disclosing Party shall be entitled without proof of special damage to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this clause.
The Purchase Price for any transaction will be considered to be inclusive of any applicable Sales Tax.
If any additional Sales Tax is appliable by virtue of any law under Your Jurisdiction, you agree to pay such amount as is payable on behalf of us, and inform us of that payment forthwith.
Any reference to a cost or expense incurred by a party in these Terms excludes any amount of Sales Tax forming part of the relevant cost or expense when incurred by the party for which the party can claim an input tax credit.
Unless a provision of these NFT Terms expressly state otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with these NFT Terms must be in writing and in English and sent to, in the case of us, our nominated email or via the Synergy Land interface, of in the case of you, to your nominated email or published on the Synergy Land website with public access to such notice.
Any notice will be deemed to be received within 24 hours of sending the electronic message or publication online.
A party must immediately notify the other party in writing of any changes to its contact details.
Governing law and jurisdiction
These Terms are governed by the laws of Spain. The parties irrevocably submit to the exclusive jurisdiction of the courts of Valencia, Spain
We reserve the right to amend these NFT Terms from time to time. Amendments will be effective as soon as such changes are notified to you in writing from time to time. Where there is inconsistency between these NFT Terms and other content displayed as part of the Synergy Land Platform concerning the sale of NFTs, the content of these NFT Terms will prevail to the extent of any inconsistency
We will not be liable for any delay or failure to perform our obligations under these NFT Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into these NFT Terms) (Force Majeure Event).
A provision of these NFT Terms or a right created under it may not be waived except in writing signed by the party granting the waiver.
Exercise of a right
A party may exercise a right at its discretion and separately or together with another right. If a party exercises a single right or only partially exercises a right, then that party may still exercise that right or any other right later. If a party fails to exercise a right or delays in exercising a right, then that party may still exercise that right later.
The rights and remedies provided in these NFT Terms are cumulative with and not exclusive of the rights and remedies provided by law independently of these NFT Terms.
The rights and obligations of the parties (including under the warranties) will not merge on completion of any transaction under these NFT Terms. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any transaction.
These NFT Terms are for the benefit of the parties and their successors and assigns. The parties and their successors and assigns are bound by these Terms.
To the extent that any party purchasing an NFT from you is taking an assignment of these NFT Terms, you must provide that party with a link or copy of these NFT Terms.
We may assign our rights under these NFT Terms without your consent, including ay any time.
If any provision of these NFT Terms are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these NFT Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
These NFT Terms constitute the entire agreement of the parties in respect of the subject matter of these NFT Terms and supersedes all prior discussions, representations, undertakings and agreements.
None of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
Each party must, at its own expense, do everything reasonably necessary to give effect to these NFTs Terms and the transactions contemplated by it, including but not limited to the execution of documents.
Nothing in these NFT Terms constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably save as expressly stated in these NFT Terms.
In these NFT Terms, a reference to the awareness or knowledge by you is a reference to the actual knowledge, information and belief you have as at the date of any transaction taking place pursuant to these NFT Terms.
Each party must pay its own fees, costs and expenses incurred by it incident to or in connection with the negotiation, preparation, execution, delivery and completion of these NFT Terms and the transactions contemplated by these NFT Terms including without limitation its own legal, accounting and corporate advisory fees.
In these NFT Terms:
Business Day means any day except a Saturday or a Sunday or other public holiday in Valencia, Spain;
Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms and where and to the extent the context permits, includes all associated Loss;
Confidential Information means:
information, in any form, relating to a party’s business including but not limited to any products, fees, markets, operations, processes, techniques, technology, forecasts or strategies; and
negotiations in relation to, and the terms of, these Terms,
information in the public domain other than because of a breach of these Terms; or
information already known to a party prior to the disclosure by the other party;
Digital Currency means a cryptographically secured virtual currency or virtual asset which we identify as an acceptable means of payment or transacting with us;
Digital Wallet means the applicable location, wallet, address, account or storage device designated by you for the delivery of the NFTs provided by us;
Synergy Land means online game and associated software interfaces for that game, including the home website for Synergy Land;
Purchase Price means the amount advertised for the purchase (or pre-purchase) of any NFT or bundle containing an NFT, which may be denominated in a Digital Currency;
Sales Tax means any form of value added tax including IVA (Impuesto del Valor Añadido) or other similar sales tax;
Xsolla means an information technology provider and software developer service provider
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
patents, inventions designs, copyright, trade marks, brand names, product names, domain names or rights in designs, art, images, drawings, know how, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration
any application or right to apply for registration of any of these rights
any registration of any of those rights or any registration of any application referred to in paragraph (b); and
all renewals and extensions of these rights;
Loss includes and loss, damage, cost, charge, liability or expense (including legal costs and expenses);
Own means, with respect to an NFT, any NFT we have issued where proof of ownership is recorded on a blockchain system and you control the private key associated with a Digital Wallet to which the NFT is associated or located;
Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
Your Jurisdiction means the country or state where you are ordinarily resident or from which you enter into any agreement with us; and
Your Warranties means the warranties set out in clause (Acknowledgements)