September 2022 - Version 1.0
IMMORTAL GAME SAS is a simplified joint-stock company with a share capital of 5,000 euros, registered in Paris, under number 899891170, whose registered office is located at 91, avenue Kléber (75016) in Paris, France. The director of publication is: Thomas Zaepffel.
Contact : firstname.lastname@example.org
|Ageless Immortal Game||Refers to the free-to-earn game available on the Platform.|
|Ageless Points||Refers to points earned by Users winning an Ageless Immortal Game or completing an Ageless Quest.|
|Ageless Quests||Refers to quests that each Ageless digital piece can fulfill.|
|Ageless Rewards||Refers to the rewards that can be won in the Ageless Immortal Game.|
|Base Reward||Refers to the Immortal Points won by the User when winning a chess game against another User.|
|CMT Token||Refers to the utility token issued by the Company.|
|Company||Refers to the company mentioned in the legal notice available on the website.|
|Crypto-asset||Refers to any digital asset such as a utility token or a digital asset designed to work as a medium of exchange.|
|Element||Refers to characteristics given to each NFT.|
|External Wallet||refers to a non-custodial digital wallet owned by a Buyer enabling the ownership of, and the execution of transactions on, Crypto-assets stored and relying on a Blockchain.|
|Leaderboard||Refers to a weekly ranking based on the Immortal Points (or Ageless Points) earned by Users.|
|Immortal Game||Refers to the play-to-earn online chess game available on the Platform.|
|Immortal NFTs / NFTs||Refers to the non-fungible tokens issued by the Compay.|
|Immortal Points||Refers to points earned by Users winning an Immortal Game or completing an Immortal Quest.|
|Immortal Quest||Refers to quests that each Immortal NFT can fulfill.|
|Mobile App||Refers to the Immortal Game mobile application.|
|Platform||Refers to the front-end digital application owned and developed by the Company and accessible through the Website and the Mobile App|
|Purity||Refers to characteristics given to each NFT.|
|Quest Reward||Refers to the Immortal Points (or Ageless Points) won by the Users completing an Immortal Quest (or Ageless Quests).|
|Section||Refers to a numbered paragraph section of these Terms.|
|Services||Refers to all the services provided by the Company on the Website and, especially, the Services described in Section 7.|
|Third-Party Services||Refers to services not directly operated by the Company but used to provide the Services.|
|User(s)||Refers to any natural or legal person who is at least eighteen (18) years old or legal person using/visiting the Platform and/or using the Services.|
|Website||Refers to the website immortal.game domain including any subdomains thereof, and any other websites through which the Company makes its Services available.|
|You, Your, Yourself||Refers to you as a User.|
Please read these Terms carefully before using the Platform.
The Platform is intended for Users who are at least eighteen (18) years old.
These Terms shall apply from Your first access to the Platform and shall remain applicable as long as You use the Platform. These Terms apply to all visitors and Users who access the Platform.
By using the Platform, You confirm that You have, in Your country, the capacity to contract and subscribe to the Services and You are deemed to have read and accepted these Terms exhaustively and unconditionally.
In the event You do not accept the whole or part of these Terms, You must immediately stop using the Platform and the Services.
Without restriction or reservation, these Terms apply to any use of the Services by Users on the Platform.
Where accessing to the Platform and/or using the Services, the User declares and warrants that:
The Company develops, operates and provides the Platform, which includes play-to-earn gaming applications allowing You to play virtual chess games with other users and a Marketplace, on which the Company sells NFTs and allows You to trade and transfer NFTs representing unique digital chess piece assets.
Conversely, the role of Immortal Game is limited to the operation of the Platform.
Cryptocurrencies and NFTs are based on blockchains, an emerging technology that may be at risk of failure, bug, malfunction, breakdown, evolution or disruption;
The Platform is accessible free of charge to any person having an Internet access. Having an account on the Platform is a requirement to access the Services.
To have access to the Play-to-earn online chess game (i.e., Immortal Game), Users need in addition to hold on its External Wallet at least one (1) Immortal NFT.
Any User can create an Account on the Platform by:
Any User can also create an Account on the Platform by:
A User is the only person responsible for the security and the conservation of his password. Users must not disclose this password, which is strictly personal and confidential. Therefore, the Company cannot be held liable for the loss or theft of a User's identifiers and the consequences thereof.
The Accounts are accessible 7 days a week and 24 hours a day except in the case of maintenance operations.
An Account offers the User the possibility, as the case may be, to access:
Users are fully responsible for all consequences related to the use of their Account and are deemed, unless proven otherwise, to be the authors of any instruction given as well as of any transaction performed, and more generally of any change affecting their Account.
The Company shall, at any time, with or without notice, and in its sole discretion, temporarily block an Account, including but not limited to the following situations:
The Users concerned by the blocking will be notified of the measure without delay and by all accessible means.
Account reactivation may be subject to the communication by the User of additional documents that may be requested. In this respect, the Company reserves the right to apply penalties or to deduct the costs incurred for the reactivation of the Account.
The deletion of the Account entails the irreversible deletion of the User's data.
The Company shall not be liable under any circumstances for loss of data or digital assets resulting from the deletion of the User's Account.
Each User acknowledges that he/she has the capacity to contract and use the Services in his/her country, declares that any information provided is accurate and declares that he/she has read and accepted the Terms.
In order to improve their features and quality, the Company may regularly modify the Platform and/or the Services. In particular, the Company may add, remove or replace certain functions at any time.
Therefore, the Company may modify the Terms from time to time. Users will be informed of changes 14 days before the new version comes into force.
The Company develops, operates and provides the Platform, which includes play-to-earn gaming applications allowing Users to play virtual chess games with other Users and a Marketplace, on which the Company sells NFTs and allows You to trade and transfer Immortal NFTs representing unique digital chess piece assets.
The present section describes the different Services available on the Platform.
More information on the Services is available in the Whitepaper. You should as such read carefully the whitepaper before starting to use the Services.
Immortal Game uses different types of tokens that have different features and functionality.
The different types of tokens may be transferred by the User to third parties. In this case, the User assumes exclusive responsibility for the transaction, the Company lacking any intervention in the operation.
They are non-fungible tokens representing digital chess pieces and are identified as token ERC-721 on the Immutable X blockchain, a layer 2 of the Ethereum blockchain.
Each NFT has an Element which gives it a particular artistic design. The 4 initial Elements are Marble, Ebony, Ivory and Steel.
In addition, each NFT has a specific Purity. The 4 initial Purities are Rough, Polished, Piece of Art, and Masterpiece.
Immortal NFT's Element and Purity increase the Immortal Point associated with the Base Reward and the Quest Reward when winning a game.
More information about the Immortal NFTs is available in the whitepaper.
Ownership of the NFT grants the User the right to use the digital chess piece on the Platform against other Users.
The User acknowledges that the NFTs represent digital chess pieces on the blockchain, and that they are not backed by physical assets.
They are utility tokens and are identified as token ERC-20 on the Immutable X blockchain, a layer 2 of the Ethereum blockchain.
The $CMT token may be used by the User on the Platform, notably for the User's evolution in the game. The Company determines the amount of tokens that should be used to carry out the various activities or acquisitions on the Platform.
In addition, Users may be rewarded with a certain amount of $CMT token which will be established by the Company.
The token distribution and allocation have been made available in the whitepaper.
To have access to the Immortal Game, Users need to hold on its External Wallet at least one (1) Immortal NFT.
If Users don't hold any Immortal NFT, they can access Ageless Immortal Game with a free Ageless Immortal digital piece.
Immortal Game is an online play-to-earn chess game, available on the Mobile App and the Website, where Users can play against other Users (or against the computer) and earn Rewards.
The Immortal Game's rules are similar to traditional chess. However, each Immortal NFT has a specific Immortal Quest that Users can try to fulfill during its chess games.
To play the game, Users form teams of 1 to 4 different Immortal NFTs to place them on the board before the start of the game.
Besides the Immortal Game, Users can:
The different Games are interconnected and an User of one game can play with an User of another game.
Each Immortal NFT (or Ageless Immortal digital piece) has a single or multiple Immortal Quest (or Ageless Quests) to fulfill during each game. Immortal Quests and Ageless Quests are described on the Platform.
Fulfilling an Immortal Quest (or Ageless Quest) during a game grants a Quest Reward if the User wins the game.
All Immortal Quests (or Ageless Quests) have different difficulty levels and success rates. As such, the Quest Reward is different for each Immortal Quest.
Users might earn Immortal Points (or Ageless Points) by winning online chess and by fulfilling Immortal Quests (or Ageless Quests), which allows them to rank on the Immortal Leaderboard.
Users can use Immortal NFTs or Ageless digital pieces in the Standard Mode Game to earn Immortal Points or Ageless Points as described below.
Each Immortal NFT has:
a Quest Reward attached to each Immortal NFTs derived from its Immortal Quest. The Quest Reward is obtained if the User wins the game and fulfills the Immortal Quest.
Users have access to different Leaderboards which present a ranking of the Users based on the Immortal Points (or Ageless Points) they earned.
Rewards are distributed to the Users according to the ranking as indicated by the Company on the Platform.
The Company makes available to Users a technology facilitating the purchase and sale of Immortal NFTs, available at beta.immortal.game/marketplace.
Users can purchase Immortal NFTs from the Company or directly from other Users.
In order to purchase Immortal NFTs from the Company, Users must follow the applicable instructions on the Marketplace.
In particular, Immortal NFTs may be purchased through English auction: the Company will set an initial bidding price for the Immortal NFT, which may increase with the continuous bidding of different Users, until a price is reached at a level above which there is no further bidding during the applicable timeframe/time period. The highest bid from the last User shall be considered the winning bid and purchaser of the Immortal NFT, after last confirmation from the Company.
Users understand and agree that when they make or a win a bid and/or an offer in the context of a primary sale (or if their bid is otherwise accepted) through one these modalities, they irrevocably commit to purchase the Immortal NFT at the price (i) corresponding to the winning bid they made or (ii) at the price set by the Company.
Prices of the Immortal NFTs are denominated in the crypto-currency indicated on the Marketplace at the moment of purchase and must be understood to include taxes, except blockchain transaction fees.
Immortal NFTs can be sold on the Marketplace by way of (i) direct purchase and/or (ii) auctions and (iii) direct offer.
The Users can use the Marketplace to publish and define the conditions of their offer.
Users understand that they enter into a legally binding contract to purchase an Immortal NFT when they buy, commit to buy an item, make an offer for an Immortal NFT that is accepted, or if they have the winning bid (or if their bid is otherwise accepted),
Users understand that when they acquire an Immortal NFT from other Users: proceeds of the sale are transferred to the User selling the Immortal NFT, while the Company is paid only a fraction of the amount of the transaction (the amount of which is detailed on the Marketplace).
In addition, while using the Marketplace, you will have to pay for traditional fees associated with the use of blockchain technologies, such as transaction fees, the cost of which varies according to the transaction.
The Company is only responsible for the fulfillment of the contract that it has entered into directly with the User, not for the remaining operations carried out with the tokens in which it does not intervene. In particular, it will not be responsible for the offers to an indeterminate public that are made of the tokens in sites that were not managed by the Company. It will not have any responsibility in relation to secondary markets in which the tokens could be offered, as well as the value they could have, or the way in which they were offered and traded by third parties.
You guarantee the Services against any breach, exceeding the foreseeable risk, that may result from the Services' use.
You undertake to use the Services only following these Terms. It is not authorized to reconstruct the Services, decompile, disassemble or circumvent the technical restrictions, except if applicable laws permit such operations. It is also prohibited to lend, rent, lease, resell, transfer or host the Services to or for Third-Parties, unless expressly authorized by the Company.
While using the Platform, You shall refrain from any act and/or omission which could: (i) impair the proper functioning of the Services, especially if it interferes with the use of the Services by other Users; (ii) damage Company's interests, rights and/or reputation; (iii) damage Third-Parties' Services interests, rights and/or reputation; (iv) be contrary to public order; and (v) be deemed and/or held illicit, illegal or amounting to a contractual breach.
The Company reserves the right to suspend Your access to the Services, at any time and by any means, without compensation or prior notice, and to seek damages and other legal remedies if You engage in any conduct or activity that is in violation of these Terms, unlawful, fraudulent or detrimental to other Users or the Services.
The Services available on the Platform are provided on an "as is" and "as available" basis, free of charge, without warranties of any kind and must be operated under Your exclusive responsibility.
To the fullest extent permitted by law, the Company disclaims any representations and warranties, whether express, implied, or statutory.
You acknowledge and agree that Your use of the Services is at your own risk.
The Company does not warrant that Your access and use of the Platform will be uninterrupted, timely and free from errors, defects, malfunctions, viruses, malicious codes or other harmful elements of any kind whatsoever.
The Company undertakes to implement all the necessary means to ensure the best delivery of the Services provided. However, the Company can only be bound by an obligation of best endeavor.
In the event of failure of the Company, it shall be liable only for direct and reasonably foreseeable damage, unless otherwise provided by applicable laws or regulations. Indirect damages that may result from failure or use of the Services are expressly excluded.
In any event, the Company may not, unless otherwise provided by law or regulation, be held liable beyond the total amount of fees paid by the User to the Company during the last twelve months preceding the incident.
In particular, unless otherwise provided by law or regulation, the Company shall not be held liable for:
The Terms are entered into for an indefinite term.
Without excluding other coercive measures, the Company may temporarily or permanently suspend a User's account in case of breach of the Terms by a User, unfair, fraudulent, criminal or harmful behavior, and in particular but not exclusively, in the following cases:
the User's credentials (e.g. External Wallet, email or payment details) have been compromised.
The Company may at any time, for any reason and in its sole discretion, terminate these Terms and suspend access to the Platform and/or Services without notice. Users agree, to the fullest extent permitted by law, that any suspension or termination of access to the Services may be without notice, and that the Company shall not be liable for the consequences of any such suspension or termination.
The Company draws the attention of Users that the sale of NFTs is likely, according to the applicable tax legislation, to constitute taxable income, in particular when the sale price of the NFT is higher than its purchase price. Users are strongly advised to contact the competent tax and social security authorities to ensure that they meet their tax and, where applicable, social security obligations.
It is the user's sole responsibility to declare the income from the sales of their NFTs to the competent tax administration and social security administration.
Users residing in France for tax purposes can fulfill their tax obligations via the French tax authority's website, www.impots.gouv.fr, and obtain information on the tax regimes that may apply and the tax declaration procedures on the page accessible via the following link: Comment déclarer mes revenus d'activités annexes telles que le co-voiturage, la location de biens ou d'un logement meublé … | impots.gouv.fr
Users residing in France for tax purposes may, where applicable, fulfill their social security obligations via the social security website, www.urssaf.fr, and obtain information on the social security schemes that may apply and the reporting procedures: Activités relevant de l'économie collaborative | Urssaf.fr.
All Intellectual Property rights on the Platform and onany related software, computer code and programs, systems architecture, structure, organization and source code, whether based on blockchain technology, excluding the Users content, constitute the sole and exclusiveproperty of Company and/or its licensors or suppliers, as applicable.
Users acknowledge and agree that except as otherwise expressly stated, use of the Services or purchase of an NFT does not confer any ownership or other rights in the content, code, data or other materials on the Platform that may be accessed through it nor over the Services.
Any use, reproduction or representation in any form of the Platform without the express written permission of the Company is prohibited.
Use of the Platform and the Services may imply the use of personal data from Users.
The Platforms may contain links or content from Third-Party Services that may be subject to different terms and conditions and privacy obligations.
The Company shall not be liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from them.
Links to such Third-Party Services are not an endorsement by the Service of such services.
In this respect, please note that the Company has no control over and does not monitor the content published by these Third-Party-Services. Consequently, the Company shall not be held liable for any content published by any Third-Party-Services whatsoever.
Failure by the Company at any time to require the User to perform any of its obligations under these Terms will not affect the right of the Company to request their execution thereafter.
The nullity of any Section of these Terms does not affect the validity and the obligation to respect the other Section.
The Company has established and maintains an effective procedure for the reasonable and prompt handling of Your complaints and questions linked to the Services. Any complaint or question can be sent to the Company at this email address: email@example.com
Company undertakes to respond as quickly as possible, depending on the number of requests in process.
These Terms must be interpreted and are governed by French law solely.
In the event of a dispute arising between the Company and a User, the latter undertakes to inform the Company at the following address: firstname.lastname@example.org. You shall specify his contact details and provide any information allowing us to appreciate the origin and the implications of the dispute.
Upon receipt, the Company undertakes to organize a mediation as soon as possible.
Any dispute in relation to the use of the Platform and the provision of the Services may also be referred to the following consumer mediation service : email@example.com
You can also contact the online dispute resolution service of the European Commission at the following address:https://ec.europa.eu/consumers/odr.
No legal action may be brought against the Company without prior formal notice by registered letter with acknowledgement of receipt.
Failing to reach an amicable solution to the dispute, You and Company irrevocably consent that the courts of Paris, France, shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.