TERMS AND CONDITIONS

TERMS OF USE

Version 1.0 – September 2020

WELCOME TO DACOCO GMBH'S ALIEN WORLDS ONLINE GAME. BY USING OR ACCESSING ALIEN WORLDS (AS DEFINED BELOW), BY CALLING AN ACTION ON AN ALIEN WORLDS SMART CONTRACT AND/OR BY CLICKING ON "I ACCEPT" ON THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED, YOU ARE DEEMED TO AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF THIS AGREEMENT, AS SET OUT BELOW (THE "ACCEPTANCE"). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE, ACCESS, CONNECT TO OR REGISTER TO ACCESS ALIEN WORLDS AND YOU MUST IMMEDIATELY CEASE DOING SO. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE COMPANY OR LEGAL ENTITY (AND ITS EMPLOYEES) TO THIS AGREEMENT. THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN DACOCO LLC, ZUG, SWITZERLAND (CHE-273.567.048) ("DACOCO" OR "WE") AND YOU AND ANY OTHER PERSON, COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT ("END USER" OR "YOU"). THESE TERMS OF USE INCORPORATE AND MUST BE READ IN CONJUNCTION WITH OUR PRIVACY NOTICE AND COOKIES NOTICE.


1. Definitions

Unless otherwise defined in these Terms of Use, capitalized terms shall have the meanings set out in this Section 1.

Acceptance shall have the meaning ascribed in the header of this Agreement.

Agreement or Terms of Use shall mean these terms of use for Alien Worlds.

Alien Worlds shall mean any and all of (i) any alien worlds smart contract, meaning a smart contract installed on any of the following accounts on the WAX blockchain: federation or any account in the format x.federation where “x” is any letter, or the account world, worlds or any account with the format x.world or x.worlds, where “x” is any letter; or a smart contract installed on a Permissioned Planet account, as well as (ii) the Website and (iii) any user interface, documents, materials and/or services made available through the Website (if any; collectively the "Services"), in each case as updated or amended from time to time.

DAC Member Client shall mean the web front end which facilitates calling actions on Alien Worlds and/or a Planetary DAC’s smart contracts. Dacoco or we shall have the meaning ascribed in the header of this Agreement.

End User or you shall have the meaning ascribed in the header of this Agreement.

Party or Parties shall mean, as required by the relevant context, either you or us, or - respectively - you and us collectively.

Permissioned Planet shall mean an account initially created by Dacoco GmbH and released to the users of Alien Worlds that receives a daily allocation of Trilium from federation.

Permitted Use shall have the meaning ascribed in Section 3.4 of this Agreement.

Planetary DAC shall mean the account and smart contracts of your Permissioned Planet and its decentralized autonomous community. Atomic Assets Smart Contract means the smart contract installed in the Atomic Assets account on the WAX blockchain (viewable for example at https://wax.bloks.io/account/atomicassets) or any successor digital item standard in the database of which Alien Worlds NFTs exist as a row. Reverse Engineer shall mean the examination or analysis of Alien Worlds to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices.

Section shall mean any section of this Agreement.

The Website is the website at "alienworlds.io" (or such other URL as the website may subsequently be hosted at; the Website).

2. Form of Agreement and Interpretation

This Agreement shall apply and be binding on the End User following its Acceptance by the End User. It shall form an integral part of the agreement between the parties, and govern their rights and obligations, with regard to its subject matter.

No specific conditions and no other terms and conditions of the End User or any of its affiliates or any third party shall prevail over this Agreement, unless formally accepted in writing by Dacoco.

This Agreement shall not be construed against any party on the grounds that such party prepared or drafted this Agreement. In this Agreement, unless the context otherwise requires, (i) words in the singular include the plural and vice versa and words in one gender include any other gender, (ii) a reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement.

3. License

3.1 Rights

Unless otherwise stated in this Agreement, Dacoco is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within Alien Worlds, the Website, Materials and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in Alien Worlds, including without limitation in-game names, characters, locations and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within Alien Worlds.

Grant of License

Alien Worlds is licensed, not sold, to you with the scope set out below.

3.2 Scope

The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to Alien Worlds and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.

3.3 Permitted Use

Your use of Alien Worlds and any results generated through and/or in connection with Alien Worlds must adhere to the Scope and rules set forth in this Section ("Permitted Use"):

3.4 Observation of applicable laws, gambling regulations:

You may use Alien Worlds only as and to the extent permitted by applicable laws, in particular, only to the extent you fully comply with any applicable financial market regulations and similar provisions in using Alien Worlds. You may not use Alien Worlds in any jurisdiction in which its distribution, marketing, licensing or use would require a gambling license, registration or similar accreditation under applicable laws.

3.3 Age restrictions:

You must not use Alien Worlds, the Website, Materials and Services if you are under 18 years of age.

Commercial use, streaming, video sharing:

The license is for personal and non-commercial use, it does not comprise the right to commercialize Alien Worlds or elements thereof. You may not perform in-game services during your use of Alien Worlds, the Website, Materials or Services for any form of compensation outside of Alien Worlds. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of Dacoco or any other person or entity associated with Alien Worlds. Dacoco reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of Alien Worlds. In such event, you hereby agree to immediately remove from public access or alter, as instructed by Dacoco, upon first request of Dacoco, any such content and that you will not pursue Dacoco for any actual or potential loss you may incur in connection with such removal or alteration.

Comments and other forms of communication:

You may use Alien World's commenting functions or other forms of communication within Alien Worlds only in accordance with and in observation of (a) the posting policy pursuant to section 8 hereof (the "Posting Policy") and (b) the image policy pursuant to section 9 hereof (the "Image Policy").

Planetary DAC affiliation, Planetary DAC tokens:

You may use your DAC Member Client or direct on chain commands to join a planetary community (including, without limitation, by staking Trilium to the underlying planet). Joining a planetary community will create an affiliation between yourself and the relevant Planetary DAC. Planetary DACs may be independent from Dacoco and administered by third parties (in particular, unless expressly agreed otherwise, Dacoco shall not be deemed to be an officer, or otherwise a body, or a member, or otherwise an associate or a representative of any Planetary DAC). You acknowledge and agree that any affiliation between yourself and a Planetary DAC does not create or otherwise be deemed to constitute the basis of an association between Dacoco and yourself and/or such Planetary DAC. You acknowledge and agree that you join any Planetary DAC within your sole responsibility and on your own risk. In particular, acknowledge and agree that you may become liable for actions and/or omissions of any Planetary DAC you become a member of or otherwise become affiliated with. Dacoco shall not be liable for any damage you incur though and/or in connection with your affiliation with any Planetary DAC. By joining a Planetary DAC, you may receive tokens of such Planetary DAC. You unconditionally and irrevocably undertake not to use such tokens for other purposes than to participate in the organization of the relevant Planetary DAC. In particular, you will not use any tokens of a Planetary DAC in any way which requires a license or registration or otherwise a notification to or an authorization of a governmental authority under applicable laws, whether with regard to yourself or to the tokens.

No modifications, tampering or circumvention:

You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of Alien Worlds, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of Alien Worlds, its user interface and/or its operating principles. No reverse engineering: You may not Reverse Engineer Alien Worlds or otherwise attempt in any way to derive or otherwise determine the source code for the operation of Alien Worlds.

No copies, no derivative works:

You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of Alien Worlds, the Website, Materials or Services other than in accordance with the License.

No use of bots:

You may not utilise any automated software or "bots" in relation to your access or use of Alien Worlds, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.

No unauthorized server access:

You may not connect to the Servers through any software other than the authorised game client software.

No data gathering and extraction:

You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

No unauthorized use of trademarks, logos, proprietary names and graphics:

Without Dacoco's written approval, you may not use any of Dacoco's or Alien Worlds' logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to Alien Worlds.

No unauthorized use of meta tags:

Without Dacoco's written approval, you may not use any meta tags or other hidden text which incorporate Dacoco's name or any of its intellectual property including trademarks.

The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open source components included in the Game. If you require certain interface information for compatibility, interoperability, maintenance or development purposes, you may request Dacoco to make such interface information available as required by applicable law.

Any use of Alien Worlds other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of Alien Worlds to ensure that you are adhering to the Permitted Use rules.

4. Account Registration, Username

To acquire or make full use of Alien Worlds and any of the Website, Materials and Services you will need to register for an Alien Wolds user account ("User Account"). By registering for a User Account, you warrant that all information and personal details you provide to Dacoco are correct. In addition, you acknowledge that you are aware that the Game can have an 18 years+ classification in certain jurisdictions and warrant that you are over 18 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.

You will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use of Alien Worlds, the Website, Materials and Services (any such usernames or identifiers "Usernames"). Usernames may be viewable by other users of any of Alien Worlds, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.

Dacoco reserves the right without notice, explanation or liability to:

Dacoco reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, Dacoco also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a "Ban"), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that Dacoco will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by Dacoco within 10 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement pursuant to Section 19. In an event of Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.

Dacoco may also, where it believes such action is necessary, without notice, block IP addresses of any users who Dacoco believes, at its sole discretion, have breached these Terms of Use.

5. Passwords, Access

You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining Dacoco's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Dacoco immediately if you know or suspect that your User Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.

You are solely responsible of ensuring that any process, devices and/or services you employ to access or use Alien Worlds or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 14, Dacoco excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of Alien Worlds or any of the Website, Materials and Services.

6. Virtual Items, Trilium, NFTs

6.1 General rule

Subject to the following specific rules for Virtual Items issued as NFTs or Trilium, you will have no ownership rights in any Virtual Items in Alien Worlds. Such Virtual Items may be modified, replaced, altered or removed by Dacoco at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.

6.2 Trilium

Dacoco may from time to time offer "Trilium" for purchase or as an award for certain achievements within Alien Worlds' gameplay in accordance with the procedures and further terms specified within Dacoco's sole discretion. Units of Trilium may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may used to pay for certain other Virtual Items, advantages and services within or in connection with Alien Worlds, as may be offered from time to time. Trilium may be purchased within the Services using a credit card (or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card) or other cryptocurrency. All sales of Trilium are final and non-refundable to the extent permissible under applicable laws. Trilium does not constitute personal property, has no cash value, and has no value outside of Alien Worlds and/or the Services. Other than within the gameplay of Alien Worlds, Trilium may not be transferred or sold to any other person.

6.3 NFTs

Notwithstanding the above, Alien Worlds' gameplay allows its users to own certain specific virtual assets, as Dacoco may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX 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 Alien Worlds' gameplay. Such NFTs are subject to the following policy:

Distribution of NFTs:

NFTs can be earned within Alien Worlds in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of Dacoco, from time to time. In addition, Dacoco 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 Dacoco may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user of group of users of Alien Worlds, the Website, Materials and/or Services or to third parties. Unless otherwise agreed with Dacoco in writing, users of Alien Words, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by Dacoco.

Purchase of NFTs:

To purchase NFTs, you must have (i) an active User Account and (ii) an active WAX compatible digital wallet (a WAX-Account). Dacoco reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as Dacoco may specify at its sole discretion from time to time.

Transfer of NFTs:

NFTs are not designed to be transferred other than within and as required by the gameplay of Alien Worlds. Dacoco reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at Dacoco's sole discretion (an "NFT Transfer Policy"). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website.

You acknowledge and understand that your transactions on the WAX platform are public and that your WAX 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 WAX platform. 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.

Risks related to the nature of the NFTs:

NFTs are subject to certain inherent risks, in particular because NFTs may be based or enabled by the Atomic Assets Smart Contract on the WAX Blockchain (or any successor digital item standard). 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:

6.4 Withdrawal right

In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, Dacoco shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to Dacoco or such third party as Dacoco may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of Trilium from the End User and to retransfer such NFTs, against such consideration (if any) as Dacoco may deem appropriate within its sole discretion, to itself or third parties.

6.5 Loss of access

If Dacoco's withdrawal right is not exercised in connection with a Termination of this agreement, the End User shall retain ownership of their NFTs and their units of Trilium. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs and/or units of Trilium following a termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, Dacoco shall neither have any liability for any damage resulting from such loss of access, nor any obligation to refund the purchase price paid for the relevant NFTs and/or units of Trilium to the End User.

7. Compliance

You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use Alien Worlds to engage into any such activities and that Dacoco makes no representation in respect of, or otherwise in connection with, the suitability of Alien Worlds and/or any output generated by using Alien Worlds, to engage into any regulated activity or Alien Worlds' or such output's compliance with laws and regulations applicable to such activities. Dacoco neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.

In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using Alien Worlds and/or any output generated by using Alien Worlds.

8. Posting Policy

This Posting Policy applies to any comments you post or any statements you make in any manner in connection with Alien Worlds, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the Alien Worlds gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts").

Posts may neither, without the prior written approval of Dacoco:

You herewith grant Dacoco a perpetual, non-revocable, worldwide and royalty-free license to: