Terms of Use – Elemental Raiders

Introduction

This End-User License Agreement (“EULA”) is a legal agreement between you as a user (the “User”) registered in the beta testing of the Game Elemental Raiders (“Elemental Raiders Beta” or the “Game”) and G4AL Entertainment, S.L.(“G4AL”).
This EULA governs your registration and use of the Elemental Raiders Beta, obtained directly from the official Elemental Raiders Website (www.elementalraiders.com).

Please read this EULA carefully before completing the installation process, registering, and starting to use Elemental Raiders Beta. 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.

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

BETA TESTING – ERROR REPORTING: Please, bear in mind that you are entering into a Beta testing mode, this means that Elemental Raiders Beta is still under construction, and though the Game is almost production ready with all the major issues being fixed, the Game may still be subject to changes and modifications. As Player, we strongly appreciate if you report to us the issues you find while playing through our Discord channel

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
  • Account means the personalized access to Elemental Raiders Beta which is given when the User downloads the Game and logs in for the first time.
  • 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.
  • EULA (also referred to as this “Agreement”) means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of Elemental Raiders Beta.
  • 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.
  • 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.
  • G4AL (also referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to G4AL Entertainment, S.L., the company proprietary of Elemental Raiders and, therefore, Elemental Raiders Beta, with whom you are entering into this Agreement.
  • Launch Date. Date as of which the Full Release of the Game will be available for download.
  • Player (also referred as either “You”, “Your” or the “User”), means the individual downloading, creating an Account, and accessing or using Elemental Raiders Beta or the company, or other legal entity on behalf of which such individual is accessing or using the Software, if applicable.
  • 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 Beta.
  • Web means Elemental Raiders’ official website.
  • WGGT is the virtual currency inside the game, it can not be used outside the platform, its utility it’s only related within the game ecosystem, not even existing outside it.
  • Xsolla is our official global distributor of in-game items/keys/inconvertible VC (not NFTs).
  • Loot boxes are 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.

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 Beta, 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 Beta, 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 Beta (such us, for example, skills, skins, elemental crystals and so on).

2.1 License Grant

G4AL hereby grants you a personal, non-transferable, non-exclusive license (the “License”) to use the Elemental Raiders Beta on your devices in accordance with the terms of this EULA.
You are permitted to load Elemental Raiders Beta (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 Beta.
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 Not permitted use

As Player, You are not permitted to:

  • 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.
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purposes.
  • Allow any third party to use the Software on behalf of or for the benefit of any third party.
  • Use the Software in any way which breaches any applicable local, national or international laws and regulations.
  • Use the Software for any purpose that G4AL considers is a breach of this EULA.

3. 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 Beta to third parties.

4. Term and termination

This EULA shall remain in effect until terminated by You or the Company. 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 the Company, 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 (during the term of this EULA and the Beta testing) of any of your obligations under the present EULA.

4.1. Elemental Raiders beta termination

This EULA will terminate immediately, without prior notice from G4AL, once the beta testing is finished, this is, at the Launch Date of Elemental Raiders.
Once Elemental Raiders has been released, all the information of your account as Player will be deleted, although the best players of Elemental Raiders Beta will have advantages and benefits in the Full Release of the Game.
To this end, G4AL will announce and rank the best players during Elemental Raiders Beta preseason and the benefits and/or rewards they will have access to in Elemental Raiders Beta because of its position in such rank.
Independent skill-based tournaments can be organized during beta. Those will have zero entry fee and G4AL will keep the right of choosing who will participate based on different criteria.
Tournament will be run in an independent server from the one of the beta and they will not have any kind of payment related to them.
Tournaments prize pool will be independently established by G4AL, not being related with entry fees or similar.
Rules applied on the tournament to decide the winner will be based on the result of different player vs player matches, the winner of each being classified until reaching the final and winning the tournament. Matches will be organized randomly and all participants will have the same conditions when starting the tournament, making the result of the matches depend on their strategic skills.
Tournament winners are solely responsible for the tax obligations resulting from obtaining the prizes they can get, the platform is not responsible for any such taxes, nor G4AL or Xsolla.

Once the Beta testing is over, Users will have the possibility to access Elemental Raiders Beta downloading the Full Release of the Game and accepting its own end-user license agreement and privacy policy.

4.2. 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 Beta 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.

5. 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.

6. Limitation of Liability

Notwithstanding any damages that You might incur, G4AL and any of its suppliers under any provision of this EULA will not be liable for any of the damages you might incur.
You at your sole discretion assume the risk of downloading Elemental Raiders Beta to your device. G4AL will not be liable for any damages you may incur.
You are totally aware that Elemental Raiders Beta is software, which is in a test environment and under construction, and therefore, may be not fully playable, and/or all major features may not be available.

7. 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.

8. Modifications

Elemental Raiders Beta is in constant development and improvement, therefore some of its features and/or functionalities and/or Contents can be modified, corrected, adapted, customized, etc. during the term of the testing phase. Likewise, G4AL may modify the Elemental Raiders Beta 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 Beta Legal Terms shall be effective on the date of publication in the Game.

In the event the User is 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 the termination.

9. Availability of the game

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 Beta.

We will provide you with a service desk to resolve general inquiries related to your Elemental Raiders Beta Account and your use of the Game, through our Discord server  and/or the following email address support@g4al.com

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.

10. 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.
No party is authorized to create or assume, or attempt to do so, an obligation or liability on behalf of the other party. Without prejudice to the general nature of the foregoing, neither party shall enter into any contract, agreement, or other undertakings; issue any warranties or endorsements, or incur any obligations or liabilities on behalf of or representing the other party.

11. Entire Agreement

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

12. Waiver

G4AL’s failure to enforce strict compliance by Users with any of the obligations assumed under Elemental Raiders Beta Legal Terms or Our failure to exercise any rights or actions that may be applicable to us under the Elemental Raiders Beta 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.

13. Partial nullity

If any of the Elemental Raiders Beta 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 Beta Legal Terms will remain in force, without being affected by such a declaration of nullity.

14. 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 Beta 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.

15. 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.