NoctuGame is a technology platform which offers access to a GameFi metaverse featuring an in-game marketplace for users to buy, sell, and trade digital assets including cryptocurrencies and Non-Fungible Tokens (NFTs) which can be used to enhance and modify the user’s experience of the game.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NoctuGame (“we,” “us,” “our,” or “Company”), concerning your access to and use of the NoctuGame website and platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
Our services are only available to you upon acceptance of these terms and conditions. By using the services on our platform, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our services and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms and Conditions are posted.
You acknowledge and agree that the Platform and its Services are the property of NoctuGame or its licensors. Subject to your compliance with these Terms, NoctuGame grants you a limited right to access and/or use the Platform. The right to access and/or use the Platform is a non-exclusive, non-transferable, revocable, limited license and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any license (other than as set out in this section), right, title, or ownership of, in, or to any of the Platform.
In order to provide you with the Platform and its services, you acknowledge and agree that NoctuGame may collect, store, and process your personal data and/or information. By accessing and/or using the Platform, you acknowledge to have read, understood, and accepted the terms of NoctuGame’s privacy policy and you further acknowledge and agree that NoctuGame may use such data and/or information in accordance with the terms of its privacy policy.
By accessing and/or using the Services, you represent and warrant that you fully understand and have experience with cryptocurrency and NFT trading services and the risks associated with cryptocurrency trading activity and are familiar with the operation of metaverse and GameFi platforms. By accessing and/or using the Platform, you acknowledge that there is no guarantee against losses of funds you may experience while accessing and/or using the Platform for trading, buying, or selling purposes.
You will be mandatorily required to register an account and to sign up with a relevant digital address with the Platform to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with NoctuGame.
NoctuGame reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell via the Platform, any financial transaction where you elect to pay via a third-party payment gateway service requires you to abide by their terms and conditions.
You shall be solely responsible for any taxes applying to the payments you make or receive through the Platform and to collect, report, and remit such taxes to the appropriate tax authorities.
To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Platform in relation to any transactions that may be refundable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property.
The Platform may contain (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
We may allow advertisers to display their advertisements and other information in certain areas of the Platform including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Platform and any services provided on the Platform or products sold through those advertisements.
You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform or ban your account from using the Platform without the provision of prior notice.
In no event will NoctuGame, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation direct, indirect, special, consequential, or punitive loss or damages arising from or related to your use of the Platform.
To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify NoctuGame, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:
These Terms constitute all the terms and conditions agreed upon between you and NoctuGame and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless otherwise stated in these Terms, should any provision of these Terms be held to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms, all of which shall remain in full force and effect. The failure of NoctuGame to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
These Terms and Conditions and your use of the Platform are/is governed by and constructed in accordance with the laws of the Commonwealth of Australia, applicable to agreements made and to be entirely performed in Australia, without regard to its conflicts of law principles.
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