Effective as of: September 01, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.

These Terms of Service (“Terms”) is a legally binding agreement between Vameon Software Design, a Dubai International Financial Centre company, license number 1052671 (“Vameon” “we,” “our,” or “us”) and you (“you” or “User”). These Terms govern your use of or access to Vameon Game(s) (as defined hereunder), our online website available at [ADDRESS], any game-specific site, software systems, customer support, social media, community channels and/or any other online services provided by Vameon and by any of our authorized third party (collectively the “Vameon Services”), whether as a guest or a Registered User (as defined below).

In particular, we draw your attention to some important provisions in these Terms. By accepting these Terms:

• You agree to Vameon rules and policies that are expressly incorporated into these Terms, including our Privacy Policy, which explains what Information we collect from you and how we protect it.
• You agree that you use the Vameon Services at your own risk, and that Vameon’s liability to you is limited as set forth in clause 14 below.
• YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, AND YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE VAMEON SERVICES AND UNDERSTAND THESE TERMS, INCLUDING THE PROVISIONS GOVERNING DISPUTE RESOLUTION CONTAINED IN CLAUSE 21.

NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED AND NEVER ALLOW CHILDREN BELOW 16 YEARS OLD IN YOUR CARE TO USE ANY OF THE SERVICES. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.

“Vameon Game(s)” refer to any game(s) that Vameon has launched or will launch in the future, or any of its game(s) at the beta stage, including a game “dEmpire of Vampire”.

Vameon Game(s) include but are not limited to the software of Vameon Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by Vameon under these Terms, and/or any copy of the foregoing. 

Please note the software of Vameon Game(s) may contain Cheat Detection software or features. “Cheat Detection” means functionality intended to identify Cheats. “Cheats” means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within Vameon Game(s).

Please note that the Vameon Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that Vameon may exercise part or all of its rights hereunder.

By making a registration or application for a User Account, downloading the software of Vameon Game(s), playing the Vameon Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, operating a crypto wallet provided within Vameon Game(s), accessing various online operation or maintenance services, or otherwise accessing any services provided by Vameon, you are deemed to have read, understood, and accepted all the provisions of these Terms.
Vameon reserves the right to amend, modify or revise these Terms at any time and you agree to check periodically for new provisions. Please note that your continued use of the Vameon Services shall constitute your acceptance to be bound by the newly updated Terms.

Vameon Game(s) may have minimum requirements for the devices and systems on which you wish to play the Vameon Game(s). We may publish these minimum requirements on the applicable website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before playing the Vameon Game(s).

You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Vameon Services. Vameon makes no warranty that the Vameon Services can be accessed on all smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries.

IF YOU DO NOT AGREE TO ANY TERM OF THESE TERMS, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE VAMEON SERVICES IN ANY WAY.

1. User Account

1.1. You may be required to register or have a User Account (“User Account”) in order to use the Vameon Services.
To create a User Account, you will be required to register as a User and accept these Terms. If you do not accept the provisions of the Terms, you will not be able to create a User Account.

To create a User Account, you will need to choose a PIN-code and to either generate a seed phrase using the Vameon Game(s) software which will be your access code to a non-custodial crypto wallet within Polygon Blockchain, or by entering a seed phrase from your existing non-custodial crypto wallet. Your PIN-code and public crypto wallet will be bound to your User Account ID, but we will not keep any records about your PIN-code and seed phrase.

1.2. You may establish a User Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the Vameon Services.

When you have successfully created a User Account, as a registered user (“User” or “Registered User”), you need to create a username (“Nickname”) to be used during your game play. You acknowledge and agree not to use a Nickname which is obscene or otherwise offensive. We are entitled (but not obligated) to filter out certain words and phrases that we consider unacceptable. However, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a completely comprehensive filter, and certain words contradicting our policies of non-offense may be encountered by you while you play. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable Nickname if, at our discretion, we consider that your Nickname (or its use) is offensive or otherwise breaches these Terms in any way.

1.3. You agree to provide accurate and complete registration information, and you are not suggested to create a Nickname that reflects your real name or other personal data.

1.4. You shall be responsible for keeping your User Account secure and confidential (including but not limited to email address, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all actions performed, using, or accessing the Vameon Services through your User Account, whether or not authorized by you.

1.5. We may suspend your access to your User Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with these Terms. If your access to User Account is suspended, you will not be permitted to re-register as a User without our express permission using the same crypto wallet. If you decide to terminate your usership or User Account, please contact our support service, and we may terminate it as soon as reasonably practical after receiving your termination request.

1.6. You are responsible for maintaining the confidentiality of your User Account information and if any third parties use your User Account or otherwise access your User Account, you may not claim compensation from Vameon. In the event of theft, unauthorized use or any other security breach pertaining to your User Account, it is your responsibility to notify Vameon immediately.

2. License Grant & License Conditions

2.1. License Grant

Vameon grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use the Vameon Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (“License”). The rights granted to you by Vameon under this License are subject to the provisions of these Terms and you may make use of the License only if you comply with all applicable provisions. The License becomes effective on the date that you accept these Terms.

By accepting these Terms, you understand and acknowledge that the Vameon Game(s) software is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title or ownership in the Vameon Game(s) software.

2.2. License Conditions

2.2.1. You acknowledge and agree that your use of the Vameon Services is also governed by the Privacy Policy which may be amended from time to time by Vameon in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms a part of these Terms.

2.2.2. You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the Vameon Services, including Vameon Game(s):

1. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
2. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
3. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of Vameon or third parties;
4. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
5. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
6. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the Vameon Services;
7. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Vameon Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
8. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
9. Harass, threaten, bully, embarrass, spam or do anything else to another player or any Vameon employee or representative that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated. We won’t tolerate any unwanted conduct against any Vameon employee and representative because of their affiliation with Vameon in Vameon Services or anywhere else.
10. Contribute user generated content or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
11. Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
12. Improperly use in-game support or complaint buttons or make false reports to Vameon staff.
13. Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Vameon Services.
14. Use information about users publicly available in any Vameon Service (e.g. on a leaderboard) for any purpose unrelated to the Vameon Service, including to attempt to identify such users in the real world.
15. Allow or assist any third parties to do any of the above.

2.2.3. You further acknowledge and agree that your use of the Vameon Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the Vameon Services when local laws or local regulations so require.

2.2.4. Except as expressly authorized under these Terms, you may not copy the Vameon Services in whole or part or any accompanying materials therein. Because the Vameon Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the Vameon Services, (ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law, not to make use of the Vameon Services except for your individual enjoyment and non-commercial purpose.

2.2.5. Except expressly authorized herein, any use of the Vameon Services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. Vameon expressly reserves the right to deny anyone access to the Vameon Services at any time for any reason without prior notice. You further agree that Vameon, without any liability, shall be entitled to suspend or terminate providing any of the Vameon Services or change the provided content at any time for any reason without prior notice.

2.2.6. Vameon reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While Vameon reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the Vameon Services, you are solely responsible for any interactions with other Users. By using the Vameon Services, you acknowledge and accept that at any time there may be language or material accessible on or through the Vameon Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall Vameon be liable for any inappropriate User behavior or language. If Vameon determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your User Account, Vameon reserves the right to suspend or terminate your access to the Vameon Services and/or to take other enforcement actions as Vameon deems necessary to safeguard its rights.

2.2.7. You further agree that Vameon is not liable for the behavior of any other Users or third parties, including but not limited to any third-parties’ websites or services linked on or through the Vameon Services.

3. User Contributions

3.1. The Vameon Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the Vameon Services (“User Contributions”), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or transmitted to or from the Vameon Services. Vameon has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all User Contributions that are objectionable or inappropriate at any time without prior notice. Vameon may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.

3.2. Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your own behavior when using the Vameon Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall Vameon be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by Vameon.

3.3. You acknowledge and agree that when you use the Vameon Services, you have no expectation that your User Contributions will be private and Vameon may disclose your User Contributions for any reason without prior notice.

3.4. Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant Vameon a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this clause and that we are not obligated to exercise such granted rights. You also grant all other Users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the Vameon Service without prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country worldwide.

3.5. You represent and warrant that the User Contributions:

1. are accurate and not fraudulent or deceptive;
2. do not violate any rights or interests (including but not limited to intellectual property rights) of Vameon and/or third parties. You understand that User Contributions may be copied by other Users and discussed within or outside of the Vameon Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that Vameon takes no responsibility and assumes no liability for any content posted by you or any third parties.
   
   

3.6. We cannot guarantee that you will not encounter content that you consider offensive or otherwise inappropriate, and we accept no liability for any failure to remove (or delay in removing) any such content. You may, however, make complaints by accessing our support service.

4. Use of User Account by Minors

4.1. The application of this clause is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.

4.2. To enter into these Terms, you must be an adult of the legal age of majority in your country of residence. By accepting these Terms, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing the Vameon Services, whether or not authorized by you.

4.3. If you are under the legal age of majority in your country of residence (“minor” or “child”), you may not enter into these Terms. Your parent or legal guardian must review these Terms and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted these Terms on their own behalf may permit a minor to use their User Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the Vameon Services, including the actions of any minor or child they allow to access their User Account, whether or not authorized by the parent or legal guardian. Parents or legal guardians must not allow children in their care to use Vameon Services including Vameon Game(s).

4.4. Minors who are less then 16 years old are not allowed to use Vameon Services including Vameon Game(s) even under their parents’ or legal guardian’s supervision.

5. Ownership/Intellectual Property

5.1. Vameon shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the Vameon Services under these Terms. Unless otherwise directly stated in these Terms you acknowledge that your use of the Vameon Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency and Goods, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the Vameon Services may cease to be available to you at any time without prior notice in the sole discretion of Vameon.

5.2. Any or all of the Vameon Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the Vameon Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, User Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the Vameon Services) are protected by applicable laws from unauthorized use.

5.3. You agree that any or all of the Vameon Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Vameon express prior written permission. Any use of our copyrighted materials, including but not limited to derivative works, requires the express prior written consent of Vameon. Please note any unauthorized reproduction or redistribution of the Vameon Services shall be prohibited and may result in severe legal penalties.

5.4. Vameon remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the Vameon Services. You acknowledge and agree that you do not have any right or interest as a result of using the Vameon Services, except those explicitly granted to you under these Terms.

6. User Content

6.1. “User Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to Vameon or our agents pertaining to the Vameon Services. You confirm that you irrevocably grant Vameon a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing Vameon to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. In addition, your participation in a “test period” or a “beta version” game or activities similar in nature is governed by separate agreements, and you agree to be bound by specific rules that apply to access to such games, for example, we may limit the duration of game play and the number of Users who have access to the game, and we reserve the right to modify or delete User game data. Please read these specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and submission of User Content.

6.2. If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from Vameon.

7. In-Game Currency and Goods

7.1. You will have no ownership rights in any Virtual Goods or Virtual Currency (as both defined hereunder) in Vameon Game(s). Such Virtual Goods or Virtual Currency may be modified, replaced, altered or removed by Vameon at any time under clause 9 of these Terms, whether or not they were purchased for consideration or obtained as part of the gameplay.

7.2. The Vameon 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 Vameon Services may also include the opportunity to acquire virtual, in-game digital items (“Virtual Goods”), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License (as defined in clause 2 above) include such Virtual Currency and 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.

7.3. Regardless of any reference Vameon might make outside these Terms to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not sold, to you under these Terms. Provided that you comply with these Terms, Vameon 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 Vameon Services. Except as permitted under these Terms, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual Currency or Virtual Goods not specifically permitted by these Terms is a violation of these Terms and may result in a suspension of your User Account. Except for the limited license granted described above, Vameon reserves and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

7.4. Vameon reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Vameon may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

7.5. When you provide payment information to Vameon or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize Vameon 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 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 protected].

7.6. 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.

8. Non-Fungible Tokens

8.1. Notwithstanding the above, Vameon Game(s)’ gameplay allows its users to own certain specific virtual assets, as Vameon may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the Polygon Blockchain or otherwise as Blockchain based tokens, as well as the underlying smart contracts (“NFTs”). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within Vameon Game(s)’ gameplay. Such NFTs are subject to the following policy:

8.2. NFTs themselves consist of unique Virtual Goods that you created through Vameon Game(s) gameplay and each NFT at the moment of its creation is transferred to your crypto wallet, bound to your User Account. You receive full ownership over the created NFTs however such NFTs provides you with the right to have your License (as defined in clause 2 above) include Virtual Goods included within NFTs and you do not receive any ownership over Virtual Goods themselves.

8.3. Distribution of NFTs. NFTs can be earned within the Vameon Game(s) in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of Vameon, from time to time. In addition, Vameon may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as Vameon may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user, or group of users of the Vameon Game(s), the website, materials and/or Vameon Services or to third parties. Unless otherwise agreed with Vameon in writing, users of Vameon Game(s) have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by Vameon.

8.4. Receival or purchase of NFTs. To receive or purchase NFTs, you must have (i) an active User Account and (ii) an active Polygon compatible digital wallet (that is either created within Vameon Game(s) or connected to it by you). NFTs may only be received for free or purchased at such purchase price and any NFTs available for receival or purchase may only be received or purchased by such means and in accordance with such further terms and conditions as Vameon may specify at its sole discretion from time to time.

8.5. Transfer of NFTs. NFTs may be transferred by any possible means including any third-party software and platforms as well as by using the inner mechanics of Vameon Game(s).

You hereby acknowledge that if you are using Vameon Game(s) software or instruments to transfer NFTs we may impose a commission on such transactions in an amount described within Vameon Game(s) software or instrument.
You acknowledge and understand that your transactions within Blockchain are public and that your crypto wallet address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions, or expenses associated with your transactions on the Blockchain. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs.

8.6. Risks related to the nature of the NFTs. These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise alienating NFTs:
a. There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold.

1. NFTs may not have a use other than within Vameon Game(s), if at all.
2. The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain and/or increase their value. You might lose money.
3. The Blockchain may subject your ability to purchase, hold, manage, use, sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.
4. The Blockchain may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
5. Polygon or other compatible with it accounts or crypto wallets may not function properly and may be subject to hacking, malicious software, interruptions, and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
6. Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the Blockchain or Polygon, which could impact and/or impede on your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
7. Other changes to the Blockchain or Polygon could impact and/or impede on your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
   
   

8.7. NFTs may be accessible using any other compatible software or platforms but only as audiovisual work without its Vameon Game(s) gameplay related mechanics. You as an owner of an NFT receive from us a perpetual, personal, non-exclusive, transferable, sublicensable limited right and license to access and use such audiovisual work in any manner.

8.8. You hereby acknowledge that NFTs maybe be changed or renewed within Vameon Game(s) gameplay based on your actions and decisions and such changes may be irreversible. Vameon does not have opportunities to make changes to your NFTs.

9. Support, Updates, Alterations, Discontinuation

Vameon may, but has no obligation to, offer and subsequently amend, alter, suspend or discontinue support services with regard to Vameon Game(s) on such terms as Vameon may determine within its sole discretion.

At all times, Vameon retains the right to use and/or dispose of its rights as Vameon, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the website, materials (including without limitation the Virtual Goods or Currency) and Vameon Services.

In particular, without limitation, Vameon has the right, but no obligation, to maintain, modify and/or update Vameon Game(s) within its sole discretion. Vameon may, but has no obligation to, provide technical support in respect of Vameon Game(s).

You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of Vameon Game(s).
Vameon does not undertake to keep any of the website, materials or Vameon Services updated. To the greatest extent permitted by law Vameon does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the website, materials or Vameon Services or in relation to any User Content, including without limitation where such loss or damage is a result of or contributed to by the negligence of Vameon.

Vameon reserves the right, but has no obligation, to license updated iterations of Vameon Game(s) separately and under different terms.

10. Protection of Personal Information

All the information collected from you is subject to local laws and Vameon shall try its best efforts to protect your provided information. Please pay attention that these Terms may be updated by us from time to time and your continued use of the Vameon Services shall constitute your acceptance to the newly updated Terms. Subject to any applicable laws and regulations, Users have the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see Vameon’s Privacy Policy for more information regarding the collection and use of your information.

11. Inappropriate User Behavior

11.1. Vameon holds you accountable for your own behavior and language, encourages you to play Vameon Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behavior. You are prohibited from, in any way, claiming to be our employees or disseminating false information either to Vameon or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attack, threaten or insult a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.

11.2. You are prohibited from engaging in, directly or indirectly:

1. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards Vameon or other Users;
2. use of any unapproved payment methods;
3. use of cheating programs or other malicious game programs;
4. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
5. disclose, furnish, disseminate or otherwise make any of our or other Users’ non-public information available to third parties; and/or
6. any other inappropriate behavior or language that may damage the reputation of Vameon.

11.3. We reserve the right, but are not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. Depending on the relevant situation, Vameon may take action, including but not limited to, sending a warning, blocking communications, suspending, taking down, banning or terminating your User Account temporarily or permanently, blocking logins, deleting game files or otherwise take action in our sole discretion. We reserve and maintain the final right to interpret and take action according to relevant circumstances of your inappropriate behavior.

11.4. If you breach these Terms or engage in any behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the Vameon Game(s) or is otherwise inappropriate or objectionable, we shall be entitled to, without prior notice, suspend your access to the Vameon Services for an indefinite period of time, block your User Account, terminate your access to the Vameon Services, and/or terminate these Terms immediately without prior notice.

11.5. If you violate any provision of these Terms, we reserve the right to add the crypto wallet, that you bound to the User Account, or any NFTs on it, if these NFTs were acquired by violating these Terms, to a Black List, and terminate usage of this crypto wallet or NFTs within Vameon Game(s), meaning Vameon Game(s) you will not be able to use them to access or play Vameon Game(s).

12. Indemnification

12.1. You agree to defend, indemnify, and hold Vameon and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

1. your access or use of the Vameon Services;
2. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under these Terms;
3. any materials, User Contributions, User Content or other information provided by you or on your behalf;
4. your violation of any applicable laws or third-parties’ rights and interests; and/or
5. your other illegal or inappropriate behavior.

13. Injunctive Relief

Without prejudice to any other rights or remedies that Vameon may have, you acknowledge and agree that in the event of any threatened or actual breach of these Terms, Vameon shall, without proof of special damages, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Vameon may be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from Vameon.

14. Limitation of Liability

14.1. You agree that your use of the Vameon Services shall be at your own risk. Vameon provides the Vameon Game(s) and/or the Vameon Services on an “as is” and “as available” basis. To the fullest extent permitted by applicable laws, Vameon and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether Vameon has been advised of the possibility of such liabilities.

14.2. Vameon hereby disclaims all warranties, conditions, common law duties and representations, either express, implied, oral or written. Vameon makes no warranties about the accuracy or completeness of the Vameon Services. Also, Vameon assumes no liability or responsibility for:

1. any errors, mistakes, or inaccuracies of the Vameon Services;
2. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the Vameon Services;
3. any interruption, suspension or termination of the Vameon Services;
4. any bugs, viruses or similar links transmitted by third parties on or through the Vameon Services;
5. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
6. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
   
   

14.3. In no event shall Vameon be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if Vameon has been advised of the likelihood of such damages occurring.

14.4. Vameon has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, Vameon is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

14.5. The maximum aggregate, cumulative liability of Vameon and our members, officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the total amount paid by you to us during the six (6) months prior to your making a claim against Vameon. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

15. Limitation on Claims

To the maximum extent permitted by applicable laws, and any applicable statute of limitations, any claim arising from or in connection with these Terms and/or the Vameon Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

16. Modification

Vameon reserves the right to amend, modify or revise these Terms at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the Vameon Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to Vameon Services will constitute your acceptance to the newly-updated Terms and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the Vameon Services, your License under these Terms shall immediately terminate and you may immediately stop accessing to the Vameon Services.

17. Non-waiver

No failure or delay on the part of Vameon in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

18. Notice

To the maximum extent permitted by applicable laws, Vameon may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Vameon Services) to the Users through one or more of the following, including but not limited to notice or announcement within the Vameon Game(s), page announcement on the Vameon’s websites, games, official channels, website tips, mobile phone messages, email, or other contact information you provided to Vameon.

Once any notice is dispatched or sent in any way listed above by Vameon, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform Vameon in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

19. Termination

If we decide to shut down a game or a service, we will tell you at least 30 days in advance. All NFTs you own will remain in your possession as well as a crypto wallet that was bound to your User Account even if it was created within Vameon Game(s), so you will still be able to use them in any manner with the exception of the game or services that were shut down.
Without limiting any other rights of Vameon, these Terms will terminate automatically without prior notice if you fail to comply with any term or condition of these Terms or any agreements or policies referred herein. You may also terminate these Terms by deleting the Vameon Game(s) from all devices on which you’ve installed and immediately stop your use of the Vameon Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the Vameon Game(s) in your possession.

Despite the termination/expiration of these Terms, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of Vameon and the authorization (if any) granted to Vameon shall still remain in effect and survive the termination of these Terms.

20. Severability

20.1. If any provision of these Terms is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, then you and Vameon agree that such provision will be severed and the rest of the Terms shall remain in effect and be construed as if any severed provision had not been included. Notwithstanding the foregoing, if the Class Action Waiver set forth in clause 21© is found invalid, unenforceable, or illegal, you and Vameon agree that it will not be severable; the entire Dispute Resolution provisions set forth in clause 21 will be void and unenforceable and any dispute will be resolved in choice subject to the venue and choice of law clauses specified in these Terms. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of Vameon.

20.2. You and Vameon agree that except as provided above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

21. Governing Law & Dispute Resolution

21.1. Governing Law. These Terms shall be governed by and construed under the laws of England and Wales excluding its conflict of law principles. Both you and the Vameon agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the courts located in UAE.

21.2. Initial Dispute Resolution. Vameon’s Customer Support department is available at [email protected] to address any concerns you may have regarding the Vameon Services. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Vameon agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Vameon has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with Vameon, you must notify us in writing at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and/or email address associated with your player account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Vameon what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Vameon later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Vameon agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Vameon authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms and the notice of Dispute (if any) that you or Vameon provided before commencing arbitration.

21.3. Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause 21(c) shall be null and void.

22. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the express prior written consent of Vameon. Otherwise, Vameon may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then these Terms will be binding on you and any of your recipient.

Notwithstanding the foregoing, Vameon shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

23. General

23.1. These Terms contains the entire contract of the parties regarding the subject matter of these Terms and supersedes any prior written or oral agreements (if any) between you and Vameon.

23.2. References to “include,” “includes,” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.

23.3. Affiliate in these Terms shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with Vameon Software Design hereto.

23.4. Vameon may translate these Terms into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.

23.5. In addition to any other limitations which may be set forth herein, Vameon may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of Vameon, such as acts by governmental authorities, force majeure, or other events outside of the reasonable control of Vameon.

23.6. You agree that Vameon expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing the Vameon Game(s) and/or the Vameon Services; to cease providing any services; and/or to change, add any portion of the Vameon Services.

23.7. You represent that you are entering into these Terms on a completely voluntary basis and you expect no compensation other than what is expressly granted under these Terms.

23.8. All attachments attached hereto to these Terms shall be incorporated into and forms part of these Terms and correctly states the rights and obligations of each party as of the Effective Date.

23.9. In case of any inconsistency between these Terms and local laws of your country or residence, local laws shall prevail and govern.

24. Contact

If you have any questions about these Terms or have any requests for resolving issues arising from or in connection with these Terms, please contact us in the first instance through email at [email protected], or to the following address:

Vameon Software Design;
Address: Office 102-A5, NASER AHMED SAEED MHD AL AWADHI BUILDING, Al Garhoud, Dubai, UAE.