End User License Agreement – Elemental Raiders

Introduction

This End-User License Agreement is a legal agreement between you as a user (the “User”, “You” or “your”) registered in the Game Elemental Raiders and G4AL.
This EULA governs your registration and use of Elemental Raiders, obtained directly from the [G4AL Platform, in accordance with the Platform’s Terms of Use / official Elemental Raiders Website (www.elementalraiders.com)].

Please read this EULA carefully before completing the installation process, registering, and starting to use Elemental Raiders. If you do not agree with any of the terms stated in the EULA and/or the applicable Privacy Policy [or you are not above 18 years old, please do not register or use the Game. If you are below eighteen (18) years of age (or the age of majority where you live), have your parents or legal guardians review this Agreement. Your download and/or use of Elemental Raiders will entail their acceptance and authorization to you for becoming a Player, and all binding obligations in relation to this EULA will also be binding for them]

This EULA, together with the Privacy Policy, constitutes the legal framework applicable to your use of Elemental Raiders and will be updated periodically. You will be notified through your Player account of any updates.

1. Interpretation and definitions

1.1 Interpretation

All capitalized words have the meanings defined below and/or, when undefined in this EULA, the meaning of Elemental Raiders Whitepaper (the “Whitepaper”). The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
If there is a conflict between the Whitepaper definitions and the definitions below, the definitions below shall prevail.

1.2 Definitions

A. Account means the personalized access to Elemental Raiders which is given when the User downloads the Game and logs in for the first time.
B. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available to You, regardless of the form of that content.
C. EULA (also referred to as this “Agreement”) means this End-User License Agreement that forms the entire agreement between You and G4AL regarding the use of Elemental Raiders.
D. Elemental Raiders (also referred to as the “Full Release of the Game”) means the software program provided by G4AL feature complete, that is, the game is fully playable and contains all the major features. All information about Elemental Raiders is available on the Web and in the Whitepaper, also accessible through the Web.
E. Elemental Raiders Beta (also referred to as either the “Game” or “Software”) means the software program provided by G4AL in beta testing, that is, almost in production with all major issues being fixed, and downloaded by the Player to a device.
F. Elemental Raiders Legal Terms means this End User License Agreement and the Elemental Raiders Privacy Policy, as well as any other legal document such as tournament bases, etc. which establishes any rule, terms and/or condition in relation to Elemental Raiders Legal Terms and which is binding for You and G4AL.
G. G4AL (also referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to G4AL Entertainment, S.L., a Spanish company with registered office at Morales 31, Entresuelo (08029) Barcelona at TAX ID B16753725.

G4AL is the company proprietary of Elemental Raiders with whom you are entering into this Agreement.
H. Launch Date. Date as of which the Full Release of the Game will be available for download.
I. Player (also referred as either “You”, “Your” or the “User”), means the individual downloading, creating an Account, and accessing or using Elemental Raiders or the company, or other legal entity on behalf of which such individual is accessing or using the Software, if applicable.
J. Third-Party Services means any services or content (including data, information, applications, and other products services) provided by a third party that may be displayed, included, or made available by G4AL in Elemental Raiders.
K. Web means Elemental Raiders’ official website (https://www.elementalraiders.com).
L. WGGT is the virtual currency inside the Game, that cannot be used outside the Platform, its utility it’s only related within the game ecosystem, not even existing outside it.
M. Xsolla means Xsolla Group (list of companies available here: https://xsolla.com/privacypolicy), our official global distributor of in-game items/keys/inconvertible VC (not NFTs).
N. Loot boxes means chest and loot boxes available to be purchased inside the Game’s platform. The content is never randomly determined, all chest purchases conducted inside the Game are previously determined, Players will be informed of the contents they are about to purchase before making any payment.
O. Virtual Items: means pieces of a software code processed on an electronic computing machine as in-game objects that the Customer acquires while performing certain actions within the Game or for a fee

2. License

Unless otherwise stated in this EULA, G4AL is the owner or licensee of all rights including all copyrights, trademarks, and other intellectual property rights relating to or included within Elemental Raiders, the Web, and any other Contents. For the avoidance of doubt, and to the greatest extent permitted at law, all above include without limitation all rights in respect of all graphics, logos, text elements, images, and all other elements included in and deriving from the Game and virtual world featured in Elemental Raiders, including without limitation Heroes and other characters, locations and any virtual assets or items and their associated benefits or properties acquired or provided for use within Elemental Raiders (such us, for example, skills, skins, elemental crystals and so on).

2.1 License Grant

G4AL hereby grants you a personal, limited, non-transferable, revocable, terminable, non-exclusive license (the “License”) to install and use the Elemental Raiders on your devices in accordance with the terms of this EULA. The Game is licensed, not sold. This License does not give you any ownership rights in the Software.
You are permitted to load Elemental Raiders (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of Elemental Raiders.
The License granted to You by G4AL is solely for personal, non-commercial purposes strictly in accordance with the terms of this EULA.

2.2 VIRTUAL ASSETS

Elemental Raiders includes Virtual Items within the Game intended to enhance or extend the game experience, such as virtual currencies, personal and virtual items (skins, runes, etc.) as well as customizations to them, consumables and other objects or features with effect on the Game and user experience. These Virtual Items constitute an integral part of the Game, and their use is covered by this EULA, including any applicable limitations. Unless otherwise expressly stated, Virtual Items offered or sold in Elemental Raiders are generally not compatible with other G4AL or third-party games or platforms.
Virtual Items are not sold but are licensed for use. The manner of use of such items depends on your own configuration, the rules of the game and/or the specific gameplay.

2.3 Game Rules

G4AL establishes Elemental Raiders rules at his own discretion. Elemental Raiders rules regulate (or limit in some cases) the behaviour of users in the game when interacting with their various Virtual Items and/or, if applicable, other players. Please carefully read the game rules available in the Elemental Raiders Whitepaper before playing.

If you violate the Game rules or if your behaviour is inappropriate according to the Game rules, we reserve the right, at our sole discretion, to take the following actions, depending on the severity of the violation and the specific rules you have violated:
a) Suspend access to your Account temporarily or permanently.
b) Limit the number of connections and the duration of those connections
c) Suspend or restrict the use of the Game
d) Restrict certain functionalities on a temporary or permanent basis.

Failure to comply with the rules of the Game is also a breach of this EULA. The decision to suspend an Account or the use of the Game may be irrevocable, in which case, you will never be able to access it and/or play the Game again and may even prevent access to G4AL’s games in the future.

2.4 Not permitted use

As Player, You are not permitted to:
A. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
B. Reproduce, copy, distribute, create derivative works, based on, resell or otherwise use the Software for any commercial purposes, or remove any proprietary notices or labels from the Game, in whole or in part.
C. Allow any third party to use the Software on behalf of or for the benefit of any third party.
D. Use the Software in any way which breaches any applicable local, national or international laws and regulations.
E. Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack or cheat software), or use exploits, bugs or problems in the game to gain unfair advantage.
F. Use any unauthorized third-party Program as a third-party program or file (such as a “add-on”, “mod”, “hack”, “trainer”, or “cheat”) that G4AL believes (i) enables or facilitates cheating of any type; (ii) allows users to modify or hack the game interface, environment, and/or experience in any way not expressly authorized by G4AL; or (iii) intercepts, “mines”, or otherwise collects information from or through the game; (iv) contains any code, files or programs designed to destroy, interrupt or limit the functionality of any computer software, hardware or telecommunications equipment, including malware.
G. Use the Software for any purpose that G4AL considers is a breach of this EULA or any other legal provision.

G4AL reserves the right to terminate your license to the Software for violation of this restrictions and any other restriction set forth in this EULA.

3. user account

To play Elemental Raiders, you will need to create an Account. You should keep your username and password secret, protected and secure. All activities that occur under your Account are your responsibility.
The Account information you provide to us must be accurate, complete and your own. G4AL is not responsible for any loss or damage arising from your failure to comply with these requirements or as a result of the use of your Account. You may not use false identities or impersonate any other person or username (or nickname) or password that you are not authorized to use. You may never use other User’s Accounts without his express written authorization.

You agree to comply with any local, national and international laws, rules and regulations regarding information society services, the technologies used in Elemental Raiders as well as any other laws applicable to you or Elemental Raiders.

3.1 Not permitted use

As User, you agree to never use your Account to:
a) Transmit information that is unlawful, harmful, abusive, threatening, defamatory, harassing, vulgar, libellous, obscene, hateful or racially, ethnically or otherwise objectionable;
b) Forge or manipulate any identifying information to disguise the origin of any information stored or transmitted through your Account;
c) Harm or harass any natural or legal person;
d) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
e) Transmit any information that you do not have a right to transmit under any Applicable Law or contractual or fiduciary relationships;
f) Upload, post or transmit any unsolicited or unauthorized advertising, promotional or commercial materials, generate spam or unsolicited email(s), spoof the email addresses of others or send commercial solicitations;
g) Transmit any information that infringes any third-party intellectual property rights;
h) Collect, store or expose personal data about other users and/or Content posted by other users or by G4AL without their express permission.

4. INTELLECTUAL PROPERTY AND OWNERSHIP

G4AL shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software (and the copyright, and other intellectual property rights of whatever nature within the Software or the Contents, including any modifications made thereto) are and shall remain the property of G4AL, unless otherwise expressly specified by G4AL.
G4AL reserves the right to grant any sort of licenses of Elemental Raiders to third parties.

All rights are reserved, except as expressly stated herein. The Software is protected by copyright laws, international copyright treaties and conventions and other Applicable laws. G4AL reserves any and all rights not expressly granted to you in this EULA. You agree to refrain from any action that would dismiss such rights or would call them into question.

5. PAYMENT TERMS

The Game may enable users to (i) use $GGT as a medium of exchange exclusively within the Software (in-game currency), (ii) to make purchases in the Game and (iii) gain access to (and certain limited rights to use) virtual goods within the Game (in-game goods).

In this latter case, G4AL requires Users to link their Account to a wallet or the corresponding payment method. You hereby warrant that your use of such payment method is authorized and all information that you submit to your Account is accurate and true; you agree to pay all fees, gas, or similar commissions you incur. G4AL is not liable for damages of any kind arising from your submission of any information that is deemed to be untrue or inaccurate.

Virtual Items can exclusively be used and/or purchased within the Software; they shall be deemed an integral part of the Software and shall be subject to this EULA. Virtual Items have no real value and cannot be exchanged for non-game (“real”) currency or non-game (“real”) property.

Any in-game currency balance shown in your Account does not entitle you to its exchange value in any real currency. Any trading of Virtual Items that you undertake within the Software is at your sole option, discretion and risk.

Your purchase of Virtual Items is final and not refundable. Subject to compliance with the Applicable Law, you acknowledge that G4AL is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether the termination of this Agreement or your loss of license hereunder was voluntary or involuntary.

The prices and availability of Virtual Items are subject to change without notice. G4AL reserves also the right to refuse any payment in its sole discretion, particularly if G4AL suspects, in its sole discretion, fraudulent activity or foul play. If you purchase is subject to any type of tax, G4AL may also charge you for those taxes, and you agree to pay all the fees you incur and taxes applicable. All taxes will be specified to Users before purchasing.

A failure on G4AL’s part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase.

All purchases within the Game are payable at the moment and are not refundable in whole or in part, regardless of the payment method.

Third-Party payment Services: G4AL uses third-party payment providers to authenticate payments when you make purchases in the Game. Please read the terms and conditions and privacy policies of such providers to understand their terms and conditions.

6. TERM,TERMINATION AND TERRITORY

This EULA shall remain in effect until terminated by You or G4AL. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from G4AL, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Software and all copies thereof from your device or from your computer.
Termination of this Agreement will not limit any of G4AL’s rights or remedies in case of breach by You of any of your obligations under the present EULA.

You can use the Game worldwide, unless otherwise specified by G4AL on the Game’s official Website, within the Game, or by any other means of G4AL’s sole choice, or unless prohibited pursuant to laws applicable to you. G4AL have the right to unilaterally change the territory of license.

6.1 Effects of termination

Upon termination of this EULA, You must cease all use of the Software and delete all copies of the Software from your device.
All licenses or other rights conferred on the User under these Elemental Raiders Legal Terms will be terminated immediately, and the User’s access to the Account will be terminated.
Likewise, G4AL will delete the Account and User information from its systems. G4AL will maintain only the information essential to the fulfilment of its legal obligations.

7. NO WARRANTIES

The Software is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, G4AL, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, G4AL provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither G4AL nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of the G4AL are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

8. LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, G4AL, its directors, officers, employees, affiliates, agents, contractors, principals or licensors, and any of its suppliers under any provision of this EULA will not be liable for any of the damages you might incur.
The telecommunications networks and Internet access services required for You to download and use the Software are entirely beyond the control of G4AL, and G4AL shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
You at your sole discretion assume the risk of downloading Elemental Raiders to your device. G4AL will not be liable for any damages you may incur.

9. INDEMNIFICATION

You agree to indemnify and hold G4AL and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
G4AL has mechanisms in place to prevent cheating, scams, and the use of farming bots, which are expressly forbidden. If such conduct is detected with respect to a user, access to his or her Account will be banned and such user will lose all progress made in the Game and the position in the rankings, terminating the EULA. All of the above without prejudice to G4AL’s rights to claim against the user all damages or demands arising as a consequence of the above mentioned infringement.

10. YOUR DATA

In accordance with the provisions of applicable Data Protection regulations, all personal data collected during the use of the Game will be processed in accordance with the provisions of our Privacy Policy, which all users are aware of and accept when downloading the Game.

11. CONSENT TO MONITOR

THE GAME MAY MONITOR YOUR DEVICES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” IS A THIRD-PARTY SOFTWARE, SUCH AS AN “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IF THE GAME DETECTS AN UNAUTHORIZED THIRD-PARTY PROGRAM, THE INFORMATION THAT COULD BE INCLUDED WOULD BE: YOUR ACCOUNT NAME, IP ADDRESSS, DETAILS ABOUT THE UNAUTHORIZED THIRD-PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD-PARTY PROGRAM WAS DETECTED.E.

12. MODIFICATIONS AND UPDATES

Elemental Raiders can be subject to changes for development and improvement, therefore some of its features and/or functionalities and/or Contents can be modified, corrected, adapted, customized, etc. at G4AL’s discretion. Likewise, G4AL may modify the Elemental Raiders Legal Terms and/or the characteristics of the Accounts at any time. In these cases, G4AL will inform Users of the changes that have been made and how, if any, they will affect the Accounts and/or the Game. Any changes to the Elemental Raiders Legal Terms shall be effective on the date of publication in the Game.

The Game may from time to time require updates. You will receive a notice for update the Game whether on your Account or through G4AL Platform. These updates are designed to improve, enhanced, or further develop the Game and may take the form of bug fixes, new software modules, enhanced features or even completely new versions. These updates may cause you setbacks within the relevant Game world and/or affect characters, groups or other Content under your control. You agree to receive such updates and permit G4AL to deliver these to you under the terms of this EULA.

In the event the Users are not satisfied with any of the changes indicated above, they may close their Account. The effects set forth in the “Effects of Termination” section of these EULA shall apply to such termination.

13. AVAILABILITY OF THE GAME AND ERROR REPORTING

The Game is designed for certain platforms, which will be indicated at any time before downloading (operating systems or devices). The Game may also have its own minimum technical requirements that your device must meet (such as RAM, free storage, graphics cards, etc.) and that are also indicated on the official page of the Game and on the download platform. It is the responsibility of each User to ensure that his or her device meets these requirements. G4AL does not guarantee in any case that the Game can run or function, and is not responsible in any case for errors, malfunctions and other problems of the Game resulting from the lack of compliance with these requirements.

In any case, the indications on minimum requirements to play are designed for informational purposes and do not guarantee a perfect operation of the Game, nor the existence of additional guarantees.

G4AL does not guarantee the availability and continuity of the Game or that is error-free. Where reasonably practicable, G4AL will first warn of interruptions in the Game. G4AL excludes, to the full extent permitted by the legal system, any liability for damages of any nature that may be due to the availability and continuity of access to Elemental Raiders.

G4AL may take action against your Account without notice to protect You or G4AL, such as preventing unauthorised access, resetting Account passwords, suspending Account access, deleting data or removing Accounts. Your availability for the Services may also be affected in response to violations of the Elemental Raiders Legal Terms.

We will provide you with a service desk to resolve general inquiries about your use of the Game, through our Discord server (https://discord.gg/eraiders) and/or the following email address support-elementalraiders@g4al.com

ERROR REPORTING: As Player, we strongly appreciate if you report to us the issues you find while playing through our Discord channel (https://discord.gg/eraiders)

Elemental Raiders is a blockchain based game which is entitled to be played only in countries where cryptocurrencies and Play-to-Earn games are not forbidden. If you are from a country whose legislation does not allow this sort of games and/or technology, you are not entitled to download and/or play the game.

14. INDEPENDENT CONTRACTORS

Nothing in this Agreement is intended to constitute or constitutes any type of joint venture, employee-employer relationship, guarantee, association, or fiduciary relationship of any kind between the User and G4AL. Likewise, no party shall be deemed to be an agent or representative of the other under these EULA, without the User being expressly entitled in writing to make representations, provide guarantees or assume any commitment on behalf of and representing G4AL.
The User is not authorized to create or assume, or attempt to do so, an obligation or liability on behalf of G4AL. Without prejudice to the general nature of the foregoing, User shall not enter into any contract, agreement, or other undertakings; issue any warranties or endorsements, or incur any obligations or liabilities on behalf of or representing G4AL.

15. ENTIRE AGREEMENT

The Elemental Raiders Legal Terms constitute the entire agreement of the parties with respect to the use of Elemental Raiders, and supersede and cancel all prior or simultaneous agreements, statements, representations, and covenants of the parties with respect to the subject matter thereof.

16. WAIVER

G4AL’s failure to enforce strict compliance by Users with any of the obligations assumed under Elemental Raiders Legal Terms or Our failure to exercise any rights or actions that may be applicable to us under the Elemental Raiders Legal Terms will not waive or limit any such rights or actions or relieve Users from the performance of such obligations. No waiver by G4AL of any particular right or action shall constitute a waiver of any other rights or actions arising out of these EULA or take effect unless expressly and previously stated to be a waiver and executed and communicated to the User in writing.

17. PARTIAL NULLITY

If any of the Elemental Raiders Legal Terms or any of their respective sections are declared null and void by a firm resolution issued by a competent authority, the remaining Elemental Raiders Legal Terms will remain in force, without being affected by such a declaration of nullity.

18. CONTRACT LANGUAGE

Users are our priority, and we try to address You whenever possible in your own language. As such, we have translated Elemental Raiders Legal Terms into multiple languages. Nevertheless, in the event of conflict or doubts about the meaning or scope of any section, term, or expression contained therein, the Spanish version will be applied first, as it is the original version in which they have been drafted.

19. LEGISLATION AND JURISDICTION

This EULA is governed in each and every one of its aspects by Spanish law. The Parties submit to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to them unless the applicable legislation requires another jurisdiction. However, both parties will do everything reasonably necessary to try to resolve conflicts amicably.