Kmon
End User Licence Agreement

We are The Kmon Company Ltd, a company registered in Saint Vincent, with its registered office at Suite 305, Griffith Corporate Center, Kingstown, St. Vincent and the Grenadines (the "Company"). The Company operates this ‘Kryptomon’ video game (the "Game"), made available at http://app.kryptomon.co/play (the “Website”).

In this document, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Game.

The Game is intended for use by consumers only, i.e. for individuals acting for purposes that are wholly or mainly outside of their trade, business, craft or profession (“Consumers”). By accepting this EULA, you represent to us that you are acting as a Consumer and not for purposes relating to your trade, business, craft or profession.

1- Understanding these terms

• This end user licence agreement (this "EULA") describes how you may access and use the Game. By accessing the Game, this EULA will apply to you and you agree to the terms of this EULA. You should therefore read this EULA carefully before using the Game.
• When certain words and phrases are used in this EULA, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
• Please note, however, that certain functions made available on the Game are governed by additional terms and conditions, and in particular in order to play the Game you will need to have purchased a Kryptomon character. Kryptomon characters are non-fungible tokens that can be purchased from the Kryptomon Marketplace (“Marketplace”), available at market.kryptomon.co, and any such purchase shall be subject to the terms and conditions of the Marketplace (available at market.kryptomon.co/terms).
• We only use your personal information in accordance with our privacy policy (available www.kryptomon.co).

2- The Website

• The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
• You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this EULA and that they comply with its terms.
• You may only use the Website for your own domestic, private and non-commercial use.

3- Registering an Account

• If you wish to play the Game, then you must be over 18 years of age and will need to link the digital wallet in which your KMON digital currency (or other digital currency accepted on the Marketplace) is held (“Wallet”) to the Game (and in doing so will become a “Registered User”).
• Once you become a Registered User, you will be able to access and play the Game.

4- Acceptable use

GENERAL

• You agree:
  - not to use the Website and/or the Game to develop or provide, directly or indirectly, any product or service that competes with our business, or for any commercial purpose (including, without limitation, in relation to the advertisement of any product and/or service);
  - not to use the Website and/or the Game in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
  - not to infringe our intellectual property rights or those of any third party in relation to your use of the Website and/or the Game (to the extent that such use if not licensed under this EULA);
  - not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website and/or the Game;
  - not to use the Website and/or the Game by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website and/or the Game for use within a third-party website or application;
  - not to cheat at the Game (which includes any use of methods not authorised by the Company to gain an advantage over other players, such as by deploying software cheats, exploiting in-Game glitches or bugs, or seeking to influence the gameplay of others);
  - not to collect or harvest any information or data from the Website and/or the Game or our systems or attempt to decipher any transmission to or from the servers running the Website and/or the Game;
  - not to copy, or otherwise reproduce or re-sell any part of the Website and/or the Game unless expressly permitted to do so in this EULA;
  - to the maximum extent permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website and/or the Game or its contents, or attempt to do any such thing;
  - not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website and/or the Game;
  - not to make alterations to, or modifications of, the whole or any part of the Website and/or the Game, or permit the Website and/or the Game or any part of it to be combined with, or become incorporated in, any other programs;
  - to keep all copies of the Website and/or the Game secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Website and/or the Game;
  - not to provide or otherwise make available the Website and/or the Game in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
  - to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Website and/or the Game.
• You acknowledge that you have no right to have access to the Website and/or the Game in source-code form.

VIRUSES

• We do not guarantee that the Website and/or the Game will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and/or the Game and we recommend that you use your own virus protection software.
• You must not misuse the Website and/or the Game by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or the Game, the server on which the Website and/or the Game is stored or any server, computer or database connected to the Website and/or the Game. You must not attack the Website and/or the Game via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and/or the Game will cease immediately.
• ‍Intellectual property
  - We grant to you a non-transferable, non-exclusive, revocable licence to use the Game on the Website provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
  - We are the owner or licensee of all intellectual property rights in the Website, the Game and their respective content, as well as the Kryptomon name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
  - You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA. You must not use the Website and/or the Game (or any part of it or their respective content) for commercial purposes; however, you may download material from the Website and/or the Game solely for non-commercial, personal use by you.
  - No part of the Website and/or the Game, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
  - Any communications or materials you send to us through the Website and/or the Game by electronic mail or other means will be treated as non-proprietary and non-confidential (save where required by law). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
  
• Our liability
  - Nothing in this EULA excludes or limits our liability for:
  . death or personal injury caused by our negligence;
  . fraud or fraudulent misrepresentation; and
  . any matter in respect of which it would be unlawful for us to exclude or restrict our liability.If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website and/or the Game.
  - Nothing in this EULA affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office (or equivalent entity in your country of habitual residence).
  - We only supply the Website and/or the Game for domestic and private use. You agree not to use the Website and/or the Game, or any content on the Website and/or the Game, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  - The Website and/or the Game may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website and/or the Game.
  - Save as set out in clause 6.1 above, our maximum liability to you under this EULA is limited to US$100.
  - We assume no responsibility for the content of websites or mobile applications linked to from the Website and/or the Game. Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them.
  
• Suspension and termination
  a. Either you or we may terminate this EULA at any time for any reason.
  b. If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
  - issue a warning to you;
  - temporarily or permanently withdraw your right to use the Website and/or the Game;
  - block access to the Game from your Wallet;
  - issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
  - take further legal action against you; and/ordisclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
  c. If we withdraw your right to use the Website and/or the Game, then:
  - all rights granted to you under this EULA shall cease; and
  - you must immediately cease all activities authorised by this EULA, including your use of the Game and any services provided through the Website and/or the Game.
• Changes to this EULA
  - We may make changes to the terms of this EULA from time to time (if, for example, there is a change in the law that means we need to change this EULA). We will provide you with at least seven days' advance notice of any such changes. If you do not wish to continue using the Website and/or the Game following the changes to the EULA, you can cancel your agreement to this EULA by removing your Waller from the Game.
  - From time to time updates to the Game may be issued through the relevant app store. Depending on the update, you may not be able to use the Game until you have downloaded the latest version of the Game and accepted any new terms.
  - You will be assumed to have obtained permission from the owners of any devices that are controlled, but not owned, by you to download or otherwise access a copy of the Game onto such devices. You and they may be charged by your and their service providers for internet access on such devices. You accept responsibility in accordance with the terms of this EULA for the use of the Game or the Website on or in relation to any device, whether or not it is owned by you.
  
• http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
  the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute.
  - If you are a Consumer resident in Scotland or Wales, you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of Scotland or Wales (as applicable).
  - If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 10.1, affects your rights as a Consumer to rely on such mandatory provisions of local law.
  
• Governing law and jurisdiction
  - This EULA is governed by English law. This means that your access to and use of the Website and/or the Game and any dispute or claim arising out of or in connection with the Website and/or the Game or this EULA (including non-contractual disputes or claims) will be governed by English law.
  - Save as set out in clauses 10.3 and 10.4, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this EULA or its subject matter or formation.
  - If you are a Consumer resident in the European Union, you may bring any dispute which may arise under this EULA, the Website and/or the Game to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute.
  - If you are a Consumer resident in Scotland or Wales, you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of Scotland or Wales (as applicable).
  - If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 10.1, affects your rights as a Consumer to rely on such mandatory provisions of local law.
  
• Contacting us
  Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us at professor.koa@kryptomon.co

‍Thank you.

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‍Terms last updated
‍9 December 2021