Terms of Service
This is a binding legal document which you accept in full by using it. Please read the entire document carefully before using our services.
Subject of the contract
- The provider
Chainmonsters is offered by B-Side Games GmbH, An der Alster 6, 20099 Hamburg, Germany.
- Scope of the user license
By creating a user account (see 2.1.), we grant you a highly personal, non-exclusive and non- transferable right to access our services. No further rights or claims are transferred to you.
- The provider
Use of our offer / user account
- Creation of a user account
- You must create a User Account to access certain services and to use the Game.
- To register a user account, you must provide accurate, complete and current information, including a valid email address.
- On rare occasions, we may need to verify the accuracy of this information. This is for the protection of minors, other users and to avoid the risk of fraud. You agree to provide us with the necessary documents (copy of identity card or passport) through specified transmission channels (e.g. post, e-mail, web form) upon request.
- Security of your user account
- Any use of your user account with your password, in particular any purchase of content, shall be deemed to have been made by you.
- Please note the following information on the security of your user account:
- Choose a strong alphanumeric password. For security reasons, we reserve the right to refuse any password that is not strong enough to protect your user account.
- Choose a password that is different from all other passwords you use and change it regularly.
- Enable two-step verification and any other security options we can provide.
- Never share your account details (username, password...) with third parties. We will never ask you to share your password.
- Never allow third parties to access and/or use your user account.
- You agree to inform us immediately of any misuse of your user account as soon as you become aware of such misuse. Misuse also constitutes the unauthorised use of your access data.
- Minimum age
- The age regulations are based on the players' place of residence. The legal requirements applicable in the respective country apply. We may restrict access to certain services for age reasons. For minors under a certain age, we may allow you to register only with the consent of your parent or guardian.
- To the extent permitted by law, we accept no liability for any activities that may be undertaken by minors without the permission of their parents or guardians. In all cases, parents or guardians are liable for any use of the Services by minors. If you are a parent or guardian and have given your child permission to register for the Services, you agree to the terms of your child's use of the Services.
- Further information about your user account:
- Your player name will be associated with your user account and displayed publicly. We therefore recommend that you do not include your real name in your username.
- You must not choose a username that is already in use by another user or associated with another user account. We reserve the right to reject any username chosen by you at our sole discretion.
- Creation of a user account
Use of the market place
- The marketplace, serves as a place where users can offer, sell and buy certain goods. Chainmonsters merely provides the platform, but does not conduct the transaction between buyers and sellers itself. Trading between the players takes place by means of smart contracts. There is no fiduciary safekeeping of funds or goods.
- In-game items and game currencies can be traded between players on the marketplace.
- The Marketplace may be accessed through the use of the Game Client Software or the Website and requires prior user verification. It is the responsibility of the users to verify the system requirements and to ensure that the connection to the Internet is available without interruption.
- To buy or sell items via the Chainmonsters marketplace, an external wallet based on the FLOW blockchain is required. The player can only trade with the FUSD "stablecoin".
- Due to the DLT technology used, all transactions are publicly viewable.
- For each trade between players via the Chainmonster marketplace, Chainmonsters shall receive a trading fee of 5% of the purchase price.
- The commercial fee shall be borne by the Seller.
- The trading fee is part of the Smart Contract that the players enter into when trading via the Chainmonster marketplace. The amount is transferred directly to the Chainmonsters wallet upon successful completion of the transaction. The seller receives the purchase price minus the trading fee transferred to his wallet.
- Duties of the users
- The users of the marketplace must take care of the security and availability of their external wallet themselves. This includes, in particular, the choice of a secure key to block unauthorised persons.
- The user is responsible for loading his wallet with the currency "Stablecoin" or for converting it to another currency.
- Users are responsible for ensuring that all your transactions through the use of our Services are legal in your country and that your trading profits are properly taxed.
Rules of conduct
- By using our services, you agree to abide by the Rules of Conduct. These are designed to create and maintain a friendly, safe and fair community. We will control unacceptable behaviour (4.2) and sanction violations (4.3).
- Prohibited conduct:
- Registration with incorrect user data (2.1.2)
- Creation of an unsuitable user account. In particular, a user account is unsuitable if it contains obscenities, sexual innuendos or linguistic elements of hate speech or in which terrorism, fascism or child abuse is tacitly accepted. Also inappropriate are accounts that are in any way religious, political or incite controversy or division. We reserve the right to make the final interpretation.
- Creation of a fraudulent user account. In particular, a user account is fraudulent if it is very similar to an existing user account/user, with the clear intention of impersonating that other user without permission, or posting comments or creating a user account that gives other users the impression that they are from our representative or someone with similar authority. We reserve the exclusive right to make the final interpretation.
- Abuse, harassment, bullying of users and/or our representatives through any type of communication that our services provide. This includes, but is not limited to, the following behaviours:
- Trolling: posting controversial opinions or off-topic posts with the intention of provoking others.
- Flaming: repeatedly insulting other people
- Spamming: repeated posting of meaningless, off-topic, always the same or similar messages.
- The use of language or content that is considered inappropriate, unlawful, dangerous, threatening, abusive, offensive, obscene, sexually explicit, vulgar, defamatory, invasive of privacy, hate speech, racist, sexist, homophobic, transphobic, ethically offensive or harassing.
- Harm to minors. This includes all actions related to inappropriate behaviour towards minors, in particular physical or sexual abuse, pornography or other disrespectful content, as well as any other actions or comments listed in these rules of conduct that are directed at or involve minors.
- Any selling, renting, marketing, editing, modifying, decompiling, disassembling, reverse engineering, translating, adapting, reproducing, distributing, re-posting, transmitting, indexing, copying, extracting and/or automating any information, software, products or other elements of the Game and/or Services by any means without our express prior consent.
- Collecting or intercepting data from other users by means not expressly permitted or facilitated by us. This includes:
- Phishing: obtaining personal data, user information or other information from other persons.
- Sniffing: Intercepting data by capturing network traffic.
- Doxing: Gathering personal information to identify people.
- Using or disclosing information or content that infringes our intellectual property rights and that would breach a duty of confidentiality, violate an individual's right to privacy or incite the commission of an unlawful act (e.g. piracy, cracking or distribution of counterfeit software).
- Interfering with, slowing down, altering, encumbering or obstructing our services. This includes both our services and those of third parties commissioned by us. In particular, so-called DDoS attacks violate the usage agreement and may give rise to claims for damages and be prosecuted under criminal law.
- The distribution of malicious software to us or to users of our Service. Malicious software includes all software that unintentionally interferes with the normal course of operations, prevents, taps data or performs functions without express consent. This includes in particular: Viruses, Trojans, worms, miners, etc.
- The use of cheats, bots, hacks and other automation programs that may provide an unfair gaming advantage or interfere with the gaming experience of other users.
- Exploiting program errors (glitches, bugs) to facilitate the progress of the game, which give an unfair advantage or impair the game experience of other users.
- Any behaviour that disrupts the general flow of the game. In particular, any behaviour that interferes with or hinders other users in their gaming experience.
- The unauthorised connections Provision, establishment or maintenance of an unauthorised connection to the Platform, and/or the Game Client. Any connection to an unauthorised server that emulates or attempts to emulate the Platform and any connection using third party programs or tools that are not expressly authorised.
- Buying, selling and passing on free of charge in-game items via a marketplace other than ours.
- Circumventing regional restrictions, e.g. by specifying a wrong country, using VPN, proxy or other services.
- The inappropriate use of our support. Inappropriate use is in particular when nonsensical, false or spam messages are sent to our support or when a message is sent more than once.
- The incorrect provision / cancellation of credit card information resulting in a chargeback.
- Buying, selling, renting, lending your user account or game progress to another user in any way not explicitly authorised by us.
- Failure to follow instructions from our representatives.
- Sanctions shall be imposed in the event of violations of the rules of conduct. Sanctions are decided on a case-by-case basis according to several criteria. The criteria include, in particular, the severity of the violation, the number of violations and the consequences of the violations for the services, for other users and/or our representatives.
- Non-exhaustive list of sanction options:
- issuing a warning,
- blocking a username or password,
- Reset your in-game progress to a previous state,
- Lowering your in-game level,
- withdrawal / deletion of in-game currency, items or any other change to your user account.
- blocking your access to certain functions,
- 18.104.22.168 Temporary blocking of your user account,
- long-term blocking of your user account,
- preventing access on a particular device,
- Suspension or closure of your user account (6.).
- We reserve the right to take legal action under civil or criminal liability to stop a breach of your legal or contractual obligations and to obtain compensation for our losses. In particular, we will prosecute a user who has wilfully damaged or attempted to damage the Services or who has obstructed or assisted in obstructing the lawful operation of the Services.
- Use our support chat, which can be found on our website, or the public Discord server.
- We require your contact details, time and place of the breach, user or real name of the user concerned and the nature of the breach in order to process reports.
Cancellation of your user account
- You can have your user account deleted at any time on your own initiative. To do this, you must write a request to the support: firstname.lastname@example.org
- However, due to the distributed ledger technology used, your account and transactions in the Game cannot be deleted and will continue to exist.
- Termination of your user account by our initiative. Termination and deletion of your user account is possible at any time by our sole discretion. In particular, your user account may be terminated in the following cases:
- you have not provided proof of identity when specifically requested (2.1.3.),
- For any other reason in connection with your conduct on or off the Services,
- If your user account has been inactive for more than six months. The user will be informed of the impending deletion two weeks before the deletion of his account to the e-mail address stored in the system.
- If you or we terminate your User Account, it follows that:
- You will no longer be able to use the Services and Content.
- you lose access to your profile. This includes all related information you have submitted to us, together with any content you have posted, uploaded or made available on the Services.
- we are entitled, at our discretion, to refuse to re-create a User Account for you without our express consent.
- you no longer have access to your user account after it has been terminated. You will lose all your saved files and in-game progress.
- you are not credited or converted into cash or any other form of refund.
- Change of our offer
- We do not guarantee a minimum term of our Service and reserve the right to terminate the Service at any time.
- We reserve the right to change the prices of the Services, including from a Pay Service to a Free-to-Play Service and vice versa.
- We reserve the right to permanently terminate the Marketplace at any time.
- The content of the Game and the availability may change at any time and in particular due to technical reasons.
- You may be asked to download software, updates, patches and/or other utilities and tools provided by Us.
- Data collection and storage
- When you use our services, we collect a variety of data to provide our services. Furthermore, we use this data for future improvements to our services.
- The following data can be collected:
- Your full name / username
- Your e-mail address
- Date and length of playing seasons
- Information on in-game actions
- Information about your game progress
- Purchases both in-game and via the websites
- Friends List
- Geolocation based on your IP address
- Technical data relating to each device you use to access our Services, including: internet and/or network connection (including IP address); the identifier of a mobile device; your operating system, browser type or other software; or your hardware or other technical data.
- Intellectual property
- Chainmonsters owns and shall remain the sole owner of all legal right, title and interest in and to all other elements of the Website and the Game and all intellectual property rights ("IP Rights") transferred in the use of our Services.
- When you purchase items, you own the underlying NFT outright. You may trade, sell or give away your NFT. The ownership of NFT and the rights herein are subject to the Smart Contract.
- Chainmonsters shall not be liable for loss of profit or any other special, incidental or consequential damages arising out of or in connection with the Game or the use of the market place, unless such damage was caused intentionally or by gross negligence.
- You use our products at your own risk. There is the possibility of extreme volatility of the exchange rate, the possibility of a loss of value or currency due to errors in the Stablecoin network and the possibility of a loss of value due to errors or changes in the game. Chainmonsters shall not be liable for any loss of profit or other damages arising from the aforementioned cases.
- Chainmonsters shall not be responsible for any loss or damage, whether direct or indirect, suffered by you as a result of your use of Smart Contracts or for any payments or transactions you make in relation thereto.
- The goods and currencies to be purchased on the marketplace are intangible digital assets that exist only by virtue of a record of ownership. Chainmonsters has no direct control over the Smart Contracts and cannot provide any guarantee for losses through the use of the Blockchain.
- Chainmonsters shall not replace any intangible values for remaining items of the User which can no longer be traded after the termination of the Service.
- Limitation of liability
- Insofar as a fee is demanded for services, we shall only be liable for damages without limitation in the event of intent and gross negligence. In the event of a breach of essential contractual obligations, we shall also be liable for slight negligence. Essential contractual obligations, also so-called cardinal obligations within the meaning of case law, are those obligations which make the proper performance of the contract possible in the first place and on the fulfilment of which the user may rely.
- Insofar as services are provided free of charge, the Provider shall only be liable for damages in the event of damage caused by gross negligence or wilful intent.
- The obligation to pay compensation is limited to the foreseeable damage in the event of a breach of essential contractual obligations.
- The above limitations of liability do not apply to liability for injury to life, limb and health or in the event of the Provider assuming a guarantee or liability under the Product Liability Act. The liability of the Provider within the scope of application of § 44a TKG remains unaffected.
- We shall not be liable in the event of force majeure. Force majeure is caused by acts, events, omissions or accidents beyond our reasonable control, such as strikes, failure of a telecommunications network, acts of God, war, riot, pandemic, malicious damage to property, compliance with laws or governmental orders, accident, fire, flood or failure of subcontractors, being prevented or delayed from performing our obligations or conducting our business.
- Other regulations
- Reservation of right of modification
- Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of conflict of laws. For disputes with natural persons, the statutory place of jurisdiction shall apply insofar as the general place of jurisdiction is in the Federal Republic of Germany. In the event of disputes arising from legal transactions with merchants, legal entities under public law or special funds under public law, the exclusive jurisdiction of the court of Trier is agreed for all cases.
- Severability clause
Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.
- Reservation of right of modification
- Contact person / Responsible for the content
- Right of withdrawal
If the seller is a commercial seller, the buyer has a statutory right of withdrawal according to § 312g BGB if he is a consumer. The purchase of goods on the internet is a so-called distance contract.Expiry of the right of withdrawal
In the case of contracts for digital content/items which are not delivered on a physical data carrier (such as e.g. in-game items), the right of cancellation shall expire as soon as the seller has commenced performance of the contract after the buyer has expressly consented to the seller commencing performance of the contract before the expiry of the cancellation period and the buyer has confirmed his knowledge that by his consent he loses his right of cancellation upon commencement of performance of the contract. The Buyer's consent to the commencement and confirmation of his knowledge shall take place at the end of the order process on the Summary page (query by checkbox, tick) before the order is sent to the Seller.