FEVR Battle Arena - Terms and Conditions
Last Updated Date: January 30th, 2023
1. ABOUT THIS AGREEMENT
This Agreement is a legally binding contract between you, and Fantasy Revolution S.A. (“REALFEVR”) located in Rua Barata Salgueiro, 33, 9, 1250-042 Lisboa, Portugal. This Agreement applies to our video game FEVR BATTLE ARENA, including its PvP and PvE modes, any game key or code giving you access to it or any parts of it, FEVR BATTLE ARENA tickets, tournaments and events, plus any and all official products and services related to FEVR BATTLE ARENA, including (but not limited to) user accounts, customer and technical support, plus official forums, wikis, blogs and social media services (we will refer to “FEVR BATTLE ARENA” to cover all these things). This Agreement will be binding on you and us once you download, install or use FEVR BATTLE ARENA. If you do not agree to it, please do not use FEVR BATTLE ARENA.
FEVR BATTLE ARENA is a distributed application that is currently running on the BNB Chain, using specially-developed smart contracts (each, a “Smart Contract”) to enable users play against each other’s with RealFevr NFT Moments.
2. A NOTE ABOUT MINORS
- If you are over 18, we welcome you to play FEVR BATTLE ARENA! If you are between 16 and 18 before, please ask your parent or guardian to review and approve this Agreement on your behalf, plus they should supervise your use of FEVR BATTLE ARENA. If you are under 16 you are not allowed to download, play or otherwise access FEVR BATTLE ARENA.
3. USING FEVR BATTLE ARENA
- REALFEVR gives you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use FEVR BATTLE ARENA on authorized devices/platforms. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in FEVR BATTLE ARENA.
4. DECENTRALIZED USER ACCOUNTS
- In order to play FEVR BATTLE ARENA you will need a web3 wallet: MetaMask, Wallet Connect, TrustWallet, it's up to you. Then you'll need to connect it to our website to create your User Profile, then generate a code that you'll need to login into the game. You can download the game in our website, and it is available for all browsers as well as PC and Mac.
- Any purchases from the site or marketplace will be done through smart contracts on a blockchain using a self-custody wallet like Metamask, Trust Wallet or others. Any financial transactions that you engage in will be conducted solely through the Blockchain via such wallets. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via Blockchain. Blockchain technology requires payment of transactions fees for every interaction that demands computational power, which is the price to pay for decentralization. This means that you will need to pay the necessary fees for each transaction that occurs via the App.
- You are the solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (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 become payable as the result of the usage of FEVR BATTLE ARENA. Except for income taxes levied on RealFevr, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
5. MINIMUM REQUIREMENTS AND MONITORING
- Minimum requirements. FEVR BATTLE ARENA will have minimum requirements depending on your chosen device/system, which you will be notified of. Please make sure you meet these requirements before downloading the game. To play FEVR BATTLE ARENA you will need Internet access too (which is your responsibility to obtain and maintain). There is no DRM or copy-protection of any kind in FEVR BATTLE ARENA.
- Monitoring. In order to prevent cheating and other things prohibited by Section 8 below and to protect the integrity of FEVR BATTLE ARENA and enforce this Agreement, RealFevr may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use FEVR BATTLE ARENA.
6. PATCHES, UPDATES AND CHANGES
- We may patch, update or change FEVR BATTLE ARENA over time (for example to add or remove features, to resolve software bugs or to balance the game or adjust the game economy), which will result in mandatory and/or automatic updates (older, updated versions may become unusable over time as a result). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain game features (without notice or liability). We need these rights in order to keep FEVR BATTLE ARENA running efficiently.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
- FEVR BATTLE ARENA, including (but not limited to) its visual components, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by RealFevr or we license them from third parties. All rights in FEVR BATTLE ARENA are reserved except as we have explained in this Agreement. You may not use or exploit any part of FEVR BATTLE ARENA except as explained in this Agreement. FEVR BATTLE ARENA and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
- “Intellectual Property Rights“ means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
- Third party property. RealFevr respects the intellectual property rights of others. If you believe that your work has been infringed in or via FEVR BATTLE ARENA, firstname.lastname@example.org.
8. RULES FOR USING FEVR BATTLE ARENA
- Personal enjoyment. Only use FEVR BATTLE ARENA for your personal enjoyment and not for any commercial or political purposes.
- Restricted access. Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display FEVR BATTLE ARENA, or your user account or any of your rights under this Agreement to any other party in any way not expressly authorized under this Agreement.
- Technical misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble FEVR BATTLE ARENA unless you are specifically allowed by applicable law.
- Hacking/griefing. Do not hack, harm, grief, harass, threaten or misuse FEVR BATTLE ARENA, other FEVR BATTLE ARENA users, or any REALFEVR services, community members or staff.
- Cheating. Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect FEVR BATTLE ARENA in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between REALFEVR or their partners and FEVR BATTLE ARENA and/or any unauthorized third party programs that collect information about FEVR BATTLE ARENA by reading areas of memory used by FEVR BATTLE ARENA to store information). Do not cause or take deliberate and repetitive advantage of bugs.
- Match Fixing. Do not engage in any practice that aims to manipulate the outcome of any match, whether in the PvP or PvE. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
- No advertising. Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through FEVR BATTLE ARENA.
- REALFEVR services. Do not deliberately or maliciously interrupt or interfere with REALFEVR services like customer or technical support or impersonate the staff.
- Interfering with servers. Do not interfere with or disrupt REALFEVR, the dApp or any third-party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with REALFEVR, through protocol emulation, or through creation or use of private servers or any analogous services regarding FEVR BATTLE ARENA.
- Accessing servers. Do not access or attempt to access areas of FEVR BATTLE ARENA or FEVR BATTLE ARENA servers that have not been made available to the public.
- Data mining. Do not intercept, mine or otherwise collect data or information from FEVR BATTLE ARENA using unauthorized third-party software.
- Accounts and virtual content. Only use user accounts and the FEVR BATTLE ARENA for their intended purpose.
- Broadcast/events. You can broadcast, publicly perform or stream FEVR BATTLE ARENA or run any events, competitions, tournaments or leagues regarding FEVR BATTLE ARENA or host FEVR BATTLE ARENA games as long as it is permitted by REALFEVR.
- Names/trademarks. Do not use “REALFEVR“, “FEVR BATTLE ARENA”, “FEVR”, or other REALFEVR names or logos or trademarks for any unauthorized purposes.
- Infringing Content. We ask you not to do anything in connection with FEVR BATTLE ARENA that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others.
- Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of FEVR BATTLE ARENA.
- Geographic/regional restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding FEVR BATTLE ARENA.
- Do not do or say anything that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. This applies especially in any communications between users. Do not spoil the experience of other players by unsportsmanlike or otherwise inadequate behaviour.
9. FEEDBACK OR SUGGESTIONS
- FEVR BATTLE ARENA, including (but not limited to) its visual components, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by RealFevr or we license them from third parties. All rights in FEVR BATTLE ARENA are reserved except as we have explained in this Agreement. You may not use or exploit any part of FEVR BATTLE ARENA except as explained in this Agreement. FEVR BATTLE ARENA and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.For any feedback or suggestions regarding FEVR BATTLE ARENA you should contact our support team via: realfevr.com/contact. Should we do somehow incorporate a suggestion into the game, we are not in any way obliged to reimburse you financially (or in any other fashion). We may also ask you for logs to analyse and troubleshoot your case.
10. THIRD PARTY CONTENT AND EXTERNAL SERVICES
- You might get links from us to third party websites or content through FEVR BATTLE ARENA. You may also access FEVR BATTLE ARENA through different platforms and devices. Using them is up to you – we cannot promise they will work, what they will be like or if they are free. Our partner devices/platforms may be subject to their own legal terms, compliance with which is your sole responsibility.
11. WARRANTIES AND LIABILITY
- Our warranties. We warrant that:
- We have the right to enter into this Agreement and to grant you the licence to use FEVR BATTLE ARENA in section 3;
- We will take reasonable care with FEVR BATTLE ARENA and your use of it and
- We will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.
- Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Licence Agreement and will follow fully its terms. You also represent and warrant that any Shared User Content, which you transmit via FEVR BATTLE ARENA does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute Shared User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist.
You also accept and acknowledge each of the following:
- You are solely responsible for determining what, if any, taxes apply to your FEVR BATTLE ARENA related transactions. REALFEVR is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
- The App does not store, send, or receive any type of cryptoassets. This is because FEVR BATTLE ARENA exist only by virtue of the ownership record maintained on the App’s supporting blockchain on BNB Chain. Any transfer of cryptoassets occurs only on the blockchain without REALFEVR intervention.
- There are risks associated with using cryptoassets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that REALFEVR will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using blockchain, however caused.
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the REALFEVR ecosystem, and therefore the potential utility or value the Moments or the FEVR token.
- Upgrades to BNB Chain may have unintended, adverse effects on all REALFEVR assets.
Limitation of liability
This section does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA for example:
- OUR DISCLAIMERS. Except as we have set out elsewhere in this Agreement, REALFEVR and our affiliates, partners and licensors disclaim any implied or express warranties or representations regarding FEVR BATTLE ARENA. This includes without limitation any allegations of: (i) negligence; OR (ii) lack of satisfactory quality, merchantability or fitness for purpose; or (iii) the existence of any faults or errors; or (iv) infringement of any third-party intellectual property rights. FEVR BATTLE ARENA is otherwise provided to you on an "as is", “AS AVAILABLE” basis without warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to FEVR BATTLE ARENA, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors OR DEFECTS, and/or any warranties as to the accuracy, LEGALITY, reliability or quality of any content or information contained within FEVR BATTLE ARENA. We do not warrant that FEVR BATTLE ARENA will be uninterrupted or error-free, that defects will be corrected, or THAT THE GAME WILL BE free of viruses or other harmful components.
- OUR LIABILITY LIMITATION. To the maximum extent permitted by applicable law, REALFEVR, its affiliates, partners and licensors shall not be liable for any loss, damage or harm of any kind arising from the use or inability to use or ‘loss’ relating to FEVR BATTLE ARENA. REALFEVR, its affiliates, partners and licensors shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages or any other damages arising out of or connected with THE SAME. This includes if you suffer damage because you cannot use REALFEVR (either temporarily or permanently). None of the above will be affected in any way even if REALFEVR or its affiliates, partners or licensors are at fault (whether through negligence, breach of contract, breach of warranty or strict liability) and even if you or we have been advised of the possibility of such damages.
- OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH REALFEVR OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).(IV) YOUR INDEMNITY TO US. You agree to indemnify and hold harmless on demand REALFEVR, its affiliates, licensors and partners from all liabilities, claims and expenses, including legal fees, in connection with: (1) any alleged or actual breach of this Agreement; (2) the use of FEVR BATTLE ARENA by you or any person on your behalf; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPERTY OF REALFEVR; and/or (4) YOUR SHARED USER CONTENT. If claims are brought against us, then YOU WILL COOPERATE FULLY WITH US AND we reserve the right to take over their defence. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.
- INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, and other remedies will be adequate, such that you are not entitled TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
- Your termination rights. You can terminate this Agreement by permanently stopping use of FEVR BATTLE ARENA at any time. Termination will not affect already existing rights or obligations of us or you.
- Our termination rights. We may cancel or suspend your access to FEVR BATTLE ARENA if you materially breach this Agreement, which includes but is not limited to a breach of this Agreement which is serious and/or which could cause real harm to FEVR BATTLE ARENA, FEVR BATTLE ARENA users, REALFEVR, or other matters governed under this Agreement. In particular, it applies to the FEVR BATTLE ARENA rules we specify in section 8 above. If we cancel or suspend your account in this way, we will try reasonably to contact you to explain why we have done this and what (if anything) you can do as a result. If we cancel or suspend your account under this section, then we will not have any obligations or liabilities to you at all.
- Stopping FEVR BATTLE ARENA. It seems very unlikely, but if we have to stop providing access to FEVR BATTLE ARENA permanently (not because of any breach by you), we will try to give you at least one hundred and twenty (120) days advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities.
13. FORCE MAJEURE
- Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure" means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm or default of suppliers or sub-contractors.
14. GOVERNING LAW
- You and we agree that your use of FEVR BATTLE ARENA, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Portugal and any dispute regarding it will be exclusively under the jurisdiction of the courts of Portugal. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION
- If you have concerns or issues with us, we hope we can resolve them quickly and amicably through FEVR BATTLE ARENA support service accessible at realfevr.com/contact. However, we recognize that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
16. OTHER LEGAL TERMS
- If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
- This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
- Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls.
- You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to FEVR BATTLE ARENA or this Agreement.
- We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of FEVR BATTLE ARENA, as part of any reorganization or merger or for other business reasons. We will notify you if this happens.
- No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
17. CHANGES TO THIS AGREEMENT
- We may change this Agreement if we think it is necessary, e.g. for legal reasons or to reflect changes in FEVR BATTLE ARENA. If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it (by e.g. sending you a notice in the game and asking you to accept the change).
- Once we change the Agreement, it will become legally binding on you 30 days after we post it online. During that period, you're welcome to contact us at email@example.com if you have specific questions about the changes.
- If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using FEVR BATTLE ARENA. We are sorry we have to say that, but we hope you will appreciate that for FEVR BATTLE ARENA to work properly we need to have everyone using them under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns.