GENERAL TERMS AND CONDITIONS OF EVERDREAMSOFT SA (EDS)
Last Updated: March 20, 2019
CLAUSE 1 - GENERAL SCOPE OF APPLICATION
- The following General Terms and Conditions (hereinafter referred to as “GTC”) present the general frame governing the use of the products and services offered by EDS (hereinafter referred to as « Services ») such as but not limited to BitCrystals platform and its contents, including the websites, applications, features and other materials as well as further blockchain related services, and Casa Tookan (hereinafter referred to as “CT”) and Book of Orbs (hereinafter referred to as “BoO”), and Spell of Genesis (hereinafter referred to as « SoG »), all of those which are made available by EverdreamSoft SA (hereinafter referred to as “EDS”) in accordance with these GTC.
- The following GTC govern the free download of the Services (where applicable) and the free use of the Services, including the websites, applications, features and other materials as well as related further services, which are made available by EDS in accordance with these GTC.
- The use of the Services, web presences, applications, features or contents and related further services is free of charge in their basic version in principle. However, the User has the possibility of acquiring the right to use special Services contents from third contracting parties or directly from EDS against payment, if required. The acquisition of such contents shall be subject to special contract terms as set out in these GTC.(see Clause 5 of these TGS)
- These GTC fully replace older versions of EDS Terms and Conditions, including The Terms and Conditions for Spells of Genesis and its related services. By accepting these GTC, the User recognizes the version of these GTC that is applicable at the time of acceptance.
- Conflicting conditions of the User shall expressly not be recognized. EDS shall render its Services exclusively on the basis of these GTC. The User can view these GTC at any time on the EDS website.
- EDS Services are continually further developed, updated and adapted. According to this, only the most recent version of Services contents is online at the User’s disposal at each time. To the extent that the User accesses Services using a mobile application, it is recommended to constantly use the most recent version available for this mobile application in order to avoid inconveniences with the presentation and use of the Services. EDS shall not be held responsible for any adverse effects caused by the use of mobile application versions which are not up to date.
- It is the sole responsibility of the User to ensure using proper system such as but not limited to internet connection, browser software, suitability, up-to-dateness and security of the hardware/software used which fulfill all requirements to enable the User an optimal use of Services. For the avoidance of doubt: This shall not apply to applications which might have been made available by EDS and might serve to access Services.
- EDS Services provide the User with communication possibilities for own contents and contributions, such as but not limited to blockchain assets and digital media, and/or posts or comments on official forums on the Internet pages operated by EDS. However, an entitlement to the provision of such communication possibilities does not exist.
- Messages that Users send to each other in Services are not private but public. Therefore, Users are requested not to exchange personal information such as blockchain wallet(s) passphrase(s), private keys, e-mail address, address, last name, telephone number, photographs, instant-message name or the like. EDS urgently recommends not to disclose such personal data for reasons of self-protection. Should there be a suspicion that certain Users try to obtain the above mentioned personal information from other Users, EDS should be informed under the e-mail address email@example.com.
- EDS points out that full monitoring of the contents posted by the Users cannot be ensured. However, spot checks are performed and the Users additionally have the possibility of reporting violations by others. Private messages shall only be checked if a participant in the communication reports them as a violation. EDS will then carry out a check as quickly as possible and edit or delete the contents, if necessary.
- EDS does not assume responsibility for the contents, the accuracy and the form of individual posted entries. As an author, every User shall be personally responsible for their entry. The publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every User shall at any time be obliged to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law and the law on unfair competition. The posting of commercial advertisements in the contributions in any form whatsoever, for example as text, link or by fading in banners, shall equally be prohibited. EDS reserves the right to delete entries and to withdraw the write permission from individual Users for a certain period or at all.
- Therefore, EDS cannot be held responsible for the contents, the accuracy and the form of individual posted entries, every User is personally responsible for their entry, as expressed in Clause 3 of these GTC
CLAUSE 2 - CONCLUSION OF CONTRACT AND CONTENTS
- With regard to mobile and platform versions of EDS Services, the steps leading up to the conclusion of the contract may vary depending on the app store (e.g. iTunes, Google Play, Amazon) and the platform (e.g. Facebook). The operation of downloading EDS Services from an app store and/or connecting EDS Services with a social media account on a platform shall additionally be governed by the conditions of use of the relevant app store and/or the relevant platform. Unless expressly stated otherwise in the app store and/or the platform, separate registration after downloading the application (app stores) and/or after connecting EDS Services with the User’s own account (platforms) shall not be required. A contract governed by the present GTC shall rather come into effect when the application is duly downloaded from the relevant app store and/or the Services are duly connected with the User’s own social media account on the platform. To the extent that there is a possibility of connection with a social media account also within an application, such connection is voluntary and does not constitute a prerequisite for the conclusion of the contract.
- With regard to the browser version of EDS Services as well as in cases in which separate registration is expressly required according to the Services description in the respective app store and/or on the respective platform, the following elements shall apply for the conclusion of the contract:
- By registering for and/or using the Services, the User agrees to these GTC. If an e-mail address is required for registration, the said e-mail address must belong to the User personally who must be regularly reachable at this address for the duration of usage of EDS Services, mainly because EDS generally communicates with User via e-mail. Accordingly, the use of one-way addresses (so-called trash mails) shall be expressly prohibited. Registration shall only be permitted to natural persons.
- In the course of registration, the User may choose an admissible Username and/or account name. The Username and/or account name must not violate any rights of third parties or be contrary to accepted principles of morality. An entitlement to the attribution of a special Username and/or account name does not exist. Inadmissible Usernames and/or account names are, in particular, e-mail and Internet addresses and words which do not correspond to the technical requirements communicated within the scope of the registration process (e.g. prohibition of certain special characters), if applicable.
- EDS Services presentation and its contents, including the websites, features and other materials as well as related further Services do not constitute a binding offer.
- From among the range that EDS makes available for Services, the User can choose the type and quantity of Services, determine a payment method and submit a binding offer to buy the chosen Services by pressing the "buy against payment" button or a button labeled similarly. However, the offer can only be submitted and transmitted if the User has previously accepted these Contract Terms and thus included them in their offer by clicking the button "Accept the EDS GTC". The contract with EDS takes effect by the crediting of the ordered Services to the User’s account.
- The acquisition of EDS Services in an app store shall primarily be governed by the conditions of the app store used for this purpose. If the User acquires Services via an app store (so-called “in-app acquisition“), the contract shall be concluded between the User and the app store in principle (unless the conditions of the respective app store provide for a possibility of concluding of a contract directly between the User and EDS). This shall apply accordingly if virtual items are acquired via social networks.
- Prices, Payment, Payment Methods
- All prices are to be understood as gross final prices, i.e. including any resulting taxes and provision costs.
- EDS shall be entitled to request fees for the acquisition of the Services in advance by the User as soon as the chosen payment service provider has sent the final order confirmation.
- EDS has joined recognized and trustworthy payment systems. Payments shall be made by choosing a certain payment system (e.g. PayPal, credit card, premium SMS, cryptocurrency) through the respective payment service provider. The User is aware of the fact that a separate contract between them and the respective payment service provider regarding the realization of the transaction will regularly take effect in accordance with the provisions of the respective payment service provider. The User shall not be entitled to demand that EDS offers or maintains certain payment systems. The fees will be collected in accordance with the choice of the User.
- In case of default, EDS shall be entitled to have the Services suspended and the corresponding User account blocked. The obligation of the User to pay the agreed fee remains unaffected hereof.
- EDS is entitled to refuse confirmation or acceptance of any registration if a violation of the present GTC is detected with no right to compensation and without giving reasons.
CLAUSE 3 - USER'S OBLIGATIONS
- User ensures that they are of legal age. To the extent that the User is a minor, the latter ensures that they have obtained an effective consent of their legal representatives.
- The conclusion of the contract may only be performed personally, and must not be performed automatically or by third parties.
- The User is allowed to use EDS Services with several accounts or several wallets as long as these accounts and/or wallets (i) are not used for prohibited usage in other services, such as but not limited to multi-accounts in the EDS game (such as SoG) and/or (ii) is not intended to cheat when playing EDS game, and/or (iii) don’t have the aim to take advantage of free product such as but not limited to when opening a new account to benefit the free credit/gift related to the creation of an account.
- Specific Services : The User is only allowed to use the Services offer with not more than one account per game world (server) of SoG. This means that it shall not be possible for a registered User to open a new account in the same game world unless the previous account has been deleted. The creation and keeping of several accounts in the same game world (multi-accounts) is prohibited. Such multi-accounts can be blocked and deleted at any time without previous warning at EDS own discretion.
- The User undertakes to keep their login data and especially their blockchain wallets passphrases and public keys and passwords strictly confidential and to protect them against unauthorized access by third parties. “login data” and/or “passwords” and/or "passphrases" mean all letter and/or character and/or number strings used to authenticate the User with the aim to exclude access by unauthorized third parties.
- The User undertakes to contact the operator directly if there is a suspicion that third parties have obtained or might have obtained the login data without authorization. If a suspicion of abuse or a risk of abuse exists, EDS shall be permitted to block the accounts involved temporarily until the suspicion has been eliminated.
- The User shall be prohibited from using the login data of another User.
- The User undertakes to use their account exclusively for private purposes in line with the service offers. Commercial use in whatever form shall be expressly prohibited. This prohibition also includes the dissemination of advertisements and other commercial offers.
- The account is person-related and expressly not transferable. Therefore, the User undertakes not to transfer their account to third parties, neither against payment nor by way of donation.
- By looking at or managing their blockchain tokens through our Services, User is sole responsible of their digital properties.
- Publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every User is compelled at all time to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law and the law on unfair competition. Moreover, the posting of commercial advertisements in the contributions in any form whatsoever, for example as text, image, link or by fading in banners, shall equally be prohibited. EDS reserves the right to delete entries and to withdraw the write permission from User either for a certain period of time or permanently with no right to compensation. Furthermore, the protection of copyrights and third-party rights pursuant to Clause 8 of these GTC shall apply. EDS cannot be held responsible for the User’s violation of the present Clause and the User warrants that they will protect EDS from any consequences and damages of any kind arising from such violation.
- Manipulative interventions in the Services offers, such as but not limited to the use of automated or semi-automated scripts that perform database queries or interact with the Services are prohibited. These include, in particular, the use of software and mechanisms disturbing the Services offers. Among other things, the creation and/or use of hacks, mods, cheats, bots, data-mining tools and automated browser plugins shall be prohibited.
- The User shall not be permitted to use programming errors (what is referred to as bugs) to their own advantage. If a User detects a bug, they shall have to report it by sending an e-mail to firstname.lastname@example.org.
CLAUSE 4 - DUTIES OF EVERDREAMSOFT SA
- EDS shall allow each User to participate in Services providing these Services and published collections within EDS Services for a reasonable online presence time period, considered as continuous availability, free of charge.
- EDS shall assume no guarantee with respect to any connection errors by Internet service providers or breakdowns of third-party platforms (e.g. Facebook). Likewise, EDS shall provide no guarantee in the event of interruptions or disturbances needed to carry out maintenance work.
- EDS undertakes to counteract the risk of data loss through reasonable data backup measures (backups). In case of data loss, it is unfortunately impossible to reproduce actions performed after the point in time when the backup was carried out. In relevant cases, EDS shall endeavor to accommodate Users concerned through playful activities in order to make good the damage suffered. However, the Users cannot lay claim to such acts of generosity.
- For clarification: These GTC shall apply irrespective of whether the Services are offered as a mobile version (APP), browser version or version for social media platforms. However, this does not mean that EDS is obliged to offer Services in all these platform versions, or that one platform version of Services must be interoperable with another platform version of the Services (i.e. that the accounts for one version could also be used for another version, for example).
CLAUSE 5 - FEATURES, PAYMENTS
- The download of applications, the Services connection with social media accounts and registration (to the extent provided) as well as the use of the basic version of Services offers are free of charge. Services, such as but not limited to Item of game can be collected and/or won free of charge. The special items and the virtual in-app currency can be used to activate so-called features, i.e. individual additional services compared with the basic version (hereinafter referred to as "Features"), within Services area. The exact description and functions of the respective Features are shown in details on EDS website and/or on the application. In addition, there is a possibility of acquiring EDS currency and certain items from EDS against payment.
- There is no obligation for the User to acquire virtual in-app currency and Features against payment.
- EDS reserves the right to modify or cease to offer the nature, volume and contents of the Features, and/or the right to offer them in the free basic version.
- Against payment of a fee, the User has the possibility of receiving Services such as but not limited to special items and virtual in-app currency from EDS. The payment for the said Services and the method of payment are shown in details on EDS website and/or in the application. Except as expressly stated otherwise, the prices are to be understood as final prices including taxes and any costs incurred for credit entries and/or provision (subject to country-specific modifications or deviations; these are explicitly announced on the relevant Services and/or application websites and in the app).
- EDS shall be entitled to request payment for the acquisition of the Services in advance. The payments for the acquisition of the in-app currency shall be due immediately when the contract with EDS is concluded, i.e. with the User's confirmation of the acquisition of special items or virtual in-app currency.
- The payments systems available in each case (e.g. PayPal, credit card, Premium SMS, cryptocurrency) result from the conditions of use of the relevant app store and/or the relevant platform, if applicable. The User shall not be entitled to claim that EDS offers or maintains certain payment systems. Payments are collected in accordance with the User's choice.
- EDS shall be entitled to block the account concerned of the User temporarily as long as the User is in default vis-à-vis EDS or AppStore or platform in respect of the payments for Services. The User's obligation to pay the agreed fee remains unaffected.
- Regarding Services in general, such as but not limited to EDS games, playing options acquired within the game by means of virtual in-app currency (e.g. objects, waiting time reductions, energy and other functions acquired thereby) and the virtual currency or the special items or any Services cannot be returned; in this respect, there is no obligation to reimburse the fee paid for Services unless expressly otherwise agreed.
- EDS shall not be obliged to reimburse the virtual in-app currency or any Services sales if the User terminates the User contract. This provision is without prejudice to the rules on the statutory right of revocation and its omission.
CLAUSE 6 - NO RIGHT OF REVOCATION
Since the use of the Services, web presences, applications, features or contents and related further services is free of charge for the User, a right of revocation shall not exist. The termination of the agreement shall be governed by Clauses 9 and 10 of these GTC.
CLAUSE 7 - VIRTUAL DOMICIALIARY RIGHT
- All Service offers and/or applications of EDS, which are mentioned here, come under the virtual domiciliary right of EDS. Virtual domiciliary right means the right of the operator of a virtual space (in other words a website, application and/or service, for example) to verify whether the conduct of the Users of this virtual space complies with the GTC and to take suitable measures in case of infringement. EDS reserves the right to make unrestricted use of this virtual domiciliary right in case of need.
- If a User violates User’s Obligation defined by these GTC, EDS shall be entitled to block or to delete the relevant contents and/or Users and/or to exclude the User from the continued use of EDS Services temporarily or, in line with the proportionality principle, permanently, and/or to delete their User account in order to protect the other Users. Prior to initiating the above mentioned measures, EDS will, insofar as is reasonable, inform the User in order to clarify or remedy the violation. Informing the User is not reasonable, for example, if it could lead to the occurrence of a damage to EDS, or to third parties. User has no right to compensation resulting from such EDS action. In this case, the User shall not be entitled to be reimbursed for a payment they have already made. Likewise, the User shall not be entitled to receive compensation of any other nature.
CLAUSE 8 - COPYRIGHTS AND INDUSTRIAL PROPERTY RIGHTS; GRANTING OF RIGHTS
- All copyrights, rights of use and other intellectual property rights relating to Services, the applications and the Services remain the property of EDS or are protected in favor of third parties. The User is solely allowed to use the contents made available to them only within the scope of the Services. With respect to applications, the User merely receives a simple, non-transferable right which must neither be transferred nor sub-licensed and is limited in terms of time to the duration of this contract, to install and use the applications on their own devices enabled for the installation of applications from the relevant app store. The User shall delete the applications prior to any alienation of such devices as well as at the end of the contract.
- Without the express prior approval of EDS, which is to be obtained in writing, no User shall be permitted to use, copy, save, process, decompile, reverse engineer (prohibition of reverse engineering) and/or distribute any contents of the Services, such as e.g. texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software codes and other information outside the use of service offers of EDS. The User shall be permitted to place a link on the Internet pages operated by EDS to the extent that it exclusively serves as a cross-reference. However, EDS reserves the right to revoke this permission. At any rate, it shall not be permitted to incorporate or represent the Internet pages and/or Services and its contents, which are operated by EDS, in a partial window (frame) by means of a hyperlink. Consequently, the placing of inline or frame links shall have to be considered as illegal use.
- The same applies to name rights and other labelling rights. Any use outside the Services offers, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.
- All the Intellectual Property created by the User when using EDS Services shall remain the property of the User. However, the User assigns to EDS any and all of their right, title, and interest in and to such Intellectual Property, including, but not limited to patent, trademark, and other rights. The User further agrees to cooperate fully with EDS to secure, maintain, enforce, or defend the EDS ownership of and rights in such Intellectual Property.
- User warrants that all of the User’s content and data used within EDS Services is/are the User’s property and/or User is entitled to use and that it does not infringe third party intellectual property rights. EDS cannot be held responsible for the User’s violation of the present Clause and the User warrants that the User will protect EDS from any consequences and damages of any kind arising from such violation.
- EDS expressly points out the following: If a User offers their account or parts of it on the Internet for sale against payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the User's expense, besides being a violation of the essential obligations under these GTC.
CLAUSE 9 - DURATION OF THE CONTRACT AND TERMINATION
- The User contract is concluded (in accordance with the conclusion of contract mechanisms described in Clause 2) between EDS and the User for an undefined period. The User can terminate the contract at any time without notice and without giving reasons by (i) with regard to applications and/or Services: deleting applications and/or Services on his or her devices and in the settings in his or her account at the relevant app store, (ii) with regard to the use of a platform: removing the connection of the Services with the User’s own social media account in the settings of the relevant platform, (iii) with regard to the use of browser version or the requirement of a registration: deleting their account. As a result of the termination, all information saved on the User's account, which is relevant to data protection legislation, shall be deleted or, to the extent that legal provisions require their retention, blocked and deleted only at the end of the retention period. This includes but is not limited to the User's e-mail address. To the extent that such information is still contained in regular backup files, a manual solution would mean disproportionate efforts. In such cases, the information will be deleted as soon as the backup is overwritten.
- EDS can terminate the contractual relation at will or for important grounds. EDS shall be especially, but without limitation, entitled to termination without notice for important grounds in the cases mentioned in Clause 10 of the present GTC.
- Notice of termination by EDS has to be given in text form (direct message or public online message is sufficient).
- Termination by EDS does not give any kind of right to compensation to User.
CLAUSE 10 - SANCTIONS AND TERMINATION WITHOUT NOTICE
EDS can give notice of termination to the User with immediate effect and exclude them from EDS Services if the User infringes and/or violates
- one or more User’s obligations defined in Clause 3 User’s Obligations of the present TGC, and/or
- one or more User’s obligations defined in Clause 8 Copyrights and Industrial Property rights; Granting of Rights.
CLAUSE 11 - WEBSITE DISCLAIMER AND WARRANTY-LIMITATION OF LIABILITY AND RELEASE OF LIABILITY BY THE USER
- The information contained in all websites owned by EDS (hereinafter referred to as “Websites”) is for general information purposes only. The information is provided by EDS and while EDS endeavors to keep the information up to date and correct, EDS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at User's own risk.
- In no event will EDS be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Services and Websites. Liability for data loss in general is limited to the typical restoration costs which would have been incurred in connection with the usual creation of backup copies by the User.
- Through the Websites, User is able to link to other websites which are not under the control of EDS. EDS has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Neither EDS nor any owner of content warrants that EDS Services are free of malware or other harmful components. In Addition, EDS makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications and/or its content, User content, or any other product or service advertised or offered by a third party on or through. User understands and agrees that EDS is not responsible or liable for any transaction between User and third party providers of third party applications or products or services advertised on or through EDS Services.
- EDS shall not be liable for unauthorized access, awareness, dissemination or abuse of personal data, exchanged through Services offers, by third parties (e.g. by unauthorized access through hackers). Likewise, EDS shall not be liable for information posted by Users or for contents on linked web pages of third parties.
- According to the current state-of-the-art, data communication via the Internet cannot be guaranteed without errors and/or with permanent availability. EDS gives no guarantee whatsoever that the functions of the Services, including the use of features, are free of technical errors or that the service offers are available at all times.
- In the event of violations of rights of third parties, particularly of intellectual property rights (e.g. copyrights or trademark rights), which are related to contents disseminated or otherwise made accessible by a User, or which have been caused by a violation of the presents GTC, the User shall, at first request, have to hold EDS, and all related associated companies, employees, workers and vicarious agents of EDS harmless against all claims or other rights of third parties (including but not limited to the associated costs, such as e.g. reasonable lawyer's and legal expenses) to the extent that the User is to be held responsible for such violation.
- EDS makes the applications and the possibility of using the Services available free of charge and every effort is made to keep the Websites up and running smoothly. However, EDS takes no responsibility for, and will not be liable for, the Websites being temporarily unavailable due to technical issues beyond EDS control, and EDS is therefore only liable for willful intent and gross negligence in accordance with the legal provisions.
CLAUSE 12 - DATA PROTECTION
CLAUSE 13 - IMPOSSIBILITY OF PERFORMANCE DUE TO FORCE MAJEURE
Neither EDS, nor the User shall be responsible for any failure, delays or limitations of the TGS, which by reasonable interpretation are not under its control. Examples of which may include, but not limited to, Act of God, serious work interruptions, accidents, labor conflicts, government act, electromagnetic interference, radio interference, embargo, terrorism, intervention or default of authorities, natural catastrophes or delays in supplies or services by third parties due to the same causes, etc.
CLAUSE 14 - APPLICABLE LAW AND JURISDICTION
The contract shall be governed by Swiss law. EDS and the User undertake to use good faith and good will to resolve by all means their dispute amicably. However, if the dispute shall not be resolved amicably, then the parties may initiate legal action. Thus, the contract parties agree on Geneva, Switzerland as the place of jurisdiction. EDS, however, is entitled to institute legal proceedings at the court of competent justice at the domicile of the User.
CLAUSE 15 - FINAL PROVISIONS
- Occasionally EDS may, in its discretion, make changes to the present GTC. When EDS makes material changes to the GTC, EDS will provide the User with prominent notice as appropriate under the circumstances, in e.g. by displaying a prominent notice within the Services or by sending the User an email or by announcing on the Websites or social media channels. In some cases, EDS will notify the User in advance, and the User’s continued use of EDS Services after the changes have been made will constitute the User’s acceptance of the changes. Please therefore make sure to read any such notice carefully. If the User does not wish to continue using EDS Services under the new version of the GTC, the User may terminate the contract by erasing the Services from all of their applications. If the User is asked to affirmatively accept material changes to this policy and decline to do so, the User understands that they may not be able to continue to use the Services provided.
- If one or more provision(s) of these GTC is declared invalid, illegal or unenforceable, the validity of the remaining provisions shall not be affected. The invalid, illegal or unenforceable provision will be replaced to come as close as possible to the intended economic meaning and purpose of the invalid provision in a legally enforceable manner. The aforementioned provision shall apply mutatis mutandis in the event of loopholes.
End of the GTC of EDS for EDS Services - March 2019