fpixelVulcano - Terms and Conditions

Terms and Conditions

Welcome to Vulcano®!

CLAUSE 1. Purpose of T&C

(a) These Terms and Conditions (the "T&C"):

(I) Describe the rules and regulations for the use of the website https://www.vulcano.gg (the "Website").

(II) Constitute a legally binding agreement between you, either personally or on behalf of an entity ("you" or the "User") and Vulcano International Ltd ("we" or "Vulcano International Ltd") with respect to your access to and use of the www.vulcano.gg Website and the NFTs video game (as defined in Clause 6.a.I) on a play-to-earn basis called Vulcano, as well as any other form of media, media channel, mobile web website or mobile application related, linked or otherwise connected (collectively, "Vulcan"). Vulcano is a distributed application that currently runs on Ethereum and Binance Smart Chain, using specially developed smart contracts to allow users to own, fight and win battles with their unique characters, in a playful environment.

(b) The complementary terms and conditions, or those documents that may be published from time to time on the Website, will be expressly incorporated herein as a reference. We reserve the right, in our sole discretion, to make changes or modifications to these T&Cs at any time and for any reason. We will notify you of any changes by updating the "Last Updated" date of these T&Cs, and you waive any right to receive specific notice for each change that materializes. It is your responsibility to periodically review these T&Cs to stay informed. You will be subject to, and shall be deemed to have been informed and accepted, changes to any T&C revised by your continued use of the Website after the date of such revision.

CLAUSE 2. Consequences of accessing the Website

(a) Each access to the Website represents for the User:

(I) The unconditional and total reading, comprehension and acceptance of the T&C; and

(II) If you do not accept and/or do not accept all such T&C, then you are expressly prohibited from using the Website, the Vulcano application and smart contracts and you must immediately stop using them.

CLAUSE 3. Statements of the User

The User declares:

(a) Be at least 18 (eighteen) years of age or older. It is worth mentioning that the Vulcano Website and the game are intended for users of legal age. Minors are not authorized to use or register on the Website.

(b) Expressly understand and agree that your access to and use of the Website is at your own risk and responsibility.

(c) Acknowledge that this document does not constitute, under any circumstances, an invitation to make any type of investment, in digital assets or of any kind, and that the holding or transfer of digital assets, including without limitation any type of cryptocurrency, may entail substantial losses.

CLAUSE 4. Intellectual Property Rights

(a) The Website is the entire intellectual property of Vulcano International Ltd, as well as all source code, database, functionality, software, website design, audio, video, text, photographs and graphics of the Vulcano Website and applications (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), unless expressly provided otherwise.

All intellectual property rights in the Website and Vulcano are controlled by us or licensed thereto, and are protected by the copyright and trademark and other intellectual property rights and unfair competition laws of the British Virgin Islands, foreign jurisdiction and international conventions.

Whenever eligible to use the Vulcano Website and Application, the User is granted a limited and temporary license to access and use the Website or to download or print a copy of any part of the Content to which he has properly gained access solely for his personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, vulcano application, Content and Marks.

(b) The user shall refrain from:

(I) Store on any device, in any way and for any reason whatsoever, whether for the purpose of profiting or not, all or part of the Website without the prior and express authorization of any of its administrators; or

(II) Modify, copy, duplicate, reproduce, transmit, circulate or distribute to any third party, in any way and for any reason whatsoever, whether for the purpose of profiting or not, all or part of the Website without the prior and express authorization of any of the administrators thereof; or (III) Attribute ownership and appropriate, in any way and for any reason whatsoever, whether in order to profit or not, all or part of the Website; or

(III) To attribute a license or permission of use and dispose as a licensee or permittee, totally or partially, in any way and for any reason that may be, whether for the purpose of profiting or not, all or part of the Website.

CLAUSE 5. User Account

(a) Account Creation: You may request access to the Website through the creation of an account (the "Account"). You agree to maintain the confidentiality of your password and will be solely responsible for the use of your Account and password associated with it, including, without limitation, any comments you may make on the forum and the consequences arising from such comments. Vulcano International Ltd is not responsible for the consequences arising from the use that third parties may make of your Account. Vulcano International Ltd reserves the right to remove or change a username you select if it determines, in its sole discretion, that such username is inappropriate, obscene or in any way could offend third parties or affect public morals.

Vulcano International Ltd RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY TO YOU, TO DENY YOU ACCESS TO AND USE OF THE WEBSITE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION OR WARRANTY IN THESE TERMS AND CONDITIONS OR VIOLATION OF ANY APPLICABLE LAW. IN ADDITION, Vulcano International Ltd RESERVES THE RIGHT TO CANCEL OR SUSPEND YOUR ACCOUNT FOR ANY REASON, WITHOUT PREJUDICE TO ANY LEGAL ACTION THAT MAY APPLY TO Vulcano International Ltd. IN SUCH CASE, YOU ARE PROHIBITED FROM REGISTERING AND CREATING A NEW ACCOUNT ON THE VULCANO International Ltd. SITES.

Any purchases made on the Website or marketplace will be made through smart contracts on a blockchain using a wallet such as Metamask. Any financial transactions you participate in will be conducted solely through the blockchain using a wallet such as MetaMask. We will have no information or control over these payments or transactions, nor do we have the ability to reverse any transactions. As such, we will not be liable to you or any third party for any claims or damages that may arise as a result of any transactions you enter into through the Website and/or the Vulcan app or using smart contracts, or any other transactions you enter into through the blockchain.

(b) The User warrants that all information provided by the User shall be true, accurate, complete and current; and that it will keep up to date the information it provides to Vulcano International Ltd.

Each registration account will be of non-transferable utility and use; and will be free maintenance for the user unless expressly indicated otherwise.

(c) Password: When accessing the platform for the first time, the User may generate access credentials to the platform using a username and password. The user accepts and acknowledges that he is the sole custodian of the password chosen to access and / or use the services of Vulcano International Ltd, so he is solely responsible for its conservation. In the event that it is lost or stolen, the user must notify Vulcano International Ltd immediately by sending an email to the address [email protected] with the subject: 'loss or theft of password' so that Vulcano International Ltd proceeds to block it. Vulcano International Ltd shall not be liable for any damages that may arise as a result of the loss or theft of the password. The User shall be solely responsible for controlling his/her own access to the Account, and the User shall be solely responsible for any interactions made during the use of his/her access to the Account.

(d) Rules: To maintain a fair and balanced ecosystem for all users, the following rules must be complied with and respected: (i) using external programs, bots, hacks or any similar tool, will be grounds for suspension and permanent blocking; and (ii) abusing bugs, bugs, or attempts thereof will result in permanent crashes. If any of these rules are violated, a block and suspension will be carried out immediately.

(e) Blocking and Closing Accounts: Vulcano may block and deny access to an Account when:

(I) The account will record suspicious activity, which would imply that the User could be making use of computer and / or automated means to gain an advantage in the Vulcan game.

(II) The User uses offensive, insulting vocabulary, or that in any way could affect the community of Users, as stipulated in the Prohibited Conduct section of these T&C.

(III) The User will use the account to plan or carry out conduct that infringes the rights of Vulcano International Ltd, or to carry out advertising campaigns for goods or services without authorization.

(IV) The account will record activity that would imply that it is operated by a User who holds an account previously closed by Vulcano International Ltd, as established in these T&C.

(V) The User will notify Vulcano International Ltd that he has suffered the loss or confidentiality of his access credentials or password. The blocking of an account will be revocable to the extent that the User provides the information and / or data necessary to reverse this decision.

CLAUSE 6. Vulcano Economy

GENERAL ASPECTS

Vulcano will have a robust and sustainable economy in the long term. The player will be able to choose whether or not to see in-game ads. Seeing ads will reward you in a currency other than $VULC which will only be used to buy skins and add-ons of the game. The game has a burning, betting and advertising system, which will maintain the balance of the economy, both the liquidity pool and rewards. We will have a team of data analysts to meet the different demands at each stage of the project development.

(a) Tokens. Vulcano uses different types of cryptographic tokens to represent virtual assets whose characteristics and functionalities are different.

(I) NFTs are tokens that represent a unique and unrepeatable virtual asset (non-fungible tokens). They are identified as BEP-20 in the Binance Smart Chain. A Non-Fungible Token (NFT) is a type of digital and cryptographic token of a blockchain, which represents a unique asset. An NFT has many use cases. It can be a digital asset of a game, a collectible piece of crypto art or even a real-world object such as a property. The User acknowledges that NFTs represent digital assets in the Binance Smart Chain, and that they are not backed by physical assets.

(II) $VULC. It is the native token of the Vulcan universe. It is a Bep-20 token that runs on top of Binance Smart Chain. It can be purchased through enabled exchanges.

Uses:

The holders of $VULC will be able to:

(I) Play on Vulcano.

(II) Buy and sell NFTs on the Marketplace.

(III) Perform Staking and governance.

(IV) Buy chests with NFTs.

CLAUSE 7. Purchases on the Website

(a) When the User wishes to acquire Tokens (NFT, $VULC), he shall transfer crypto-assets authorized by Vulcano International Ltd to the virtual wallet owned by Vulcano that links to the User.

(b) Vulcano International Ltd will credit the user with credit to his account on the Website within the time of the transfer of the crypto-assets by the User (provided that there are no delays attributable to the network), which may be used to acquire Tokens.

(c) The Tokens may be used within the Vulcano game according to the functions assigned to them (See Whitepaper: https://vulcano.gitbook.io/vulcano-whitepaper-en/) or the User may transfer them outside the Vulcano platform, when this option is enabled by Vulcano International Ltd.

(d) The fact of transferring or trading the Token outside the Website automatically implies the release of Vulcano International Ltd from any responsibility, while the User assumes exclusively and personally any risk or consequence of transferring or trading the Tokens outside the platform managed by Vulcano International Ltd.

(e) The User shall be solely responsible for the transactions made with the Tokens purchased. By virtue of the foregoing, it is expressly clarified that Vulcano International Ltd has the ability to stop or reverse any transaction that the User has completed, the user being solely responsible for the operations carried out, either inside or outside the platforms managed or used by Vulcano International Ltd.

(f) Vulcano International Ltd shall not be liable for any errors of the User in the designation of destination wallets and the amounts transferred. The User assumes full responsibility, knowing that the operation is irrevocable.

(g) Vulcano International Ltd will only be responsible for the fulfillment of the contract that it has concluded directly with the User, but not for the remaining operations that are carried out with the Tokens in which it does not intervene. In particular, it will not be responsible for offers to an indeterminate public that are made of the Tokens on websites that were not managed by Vulcano International Ltd. You will have no liability in relation to secondary markets in which the Tokens may be offered, as well as the value they may have, or the way in which they were offered and traded by third parties.

(h) It is made clear that not having the Tokens backed in physical goods, and serving only for the functions detailed herein, Vulcano International Ltd will have no responsibility for price variations in platforms for the sale of crypto assets or in any market, assuming the User who has arranged its sale or purchase on said platforms any risk of devaluation, expressly assuming that these markets are subject to great risks.

(i) The User shall be solely and exclusively responsible for the payment of any taxes, fees, contributions or duties in force on the date and those hereinafter created (except taxes on the net income of Vulcano International Ltd), which directly or indirectly may be levied on the operations carried out inside or outside the Website with the Tokens or by the use of the Vulcano Website and /or application. In particular and if applicable according to laws in force in the country of origin, the VAT, customs duties for import or export, or any other tax.

(j) The User must pay Vulcano International Ltd the aforementioned taxes in accordance with the terms, deadlines and rules that legislate their perception. Vulcano International Ltd may withhold from the User's account the amounts that are necessary for the payment of the taxes that are at its expense. If they are insufficient, the User must credit in favor of Vulcano International Ltd the amounts necessary to cover the tax.

CLAUSE 8. Game dynamics

The dynamics of the game, as well as the description of gameplay, information about combats and tournaments, participation mode, (energy, sides, combats and tournaments), NFTs (characters, weapons, lands, ships and NFTs minting) and any other issue related to the dynamics of the game, are updated in the Whitepaper (https://vulcano.gitbook.io/vulcano-whitepaper-en/).

CLAUSE 9. Privacy and protection of personal data

(a) The Website has been developed with respect to the User's privacy on the Internet and considering the duty of the administrator to protect, any personal data that the User transmits to the Website in relation to access to it, its permanence, activity and exit.

(b) Vulcano International Ltd is committed to the security of its users' data, keeping due reserve and confidentiality. When the system requests to fill in the fields of personal data necessary for the creation of a user account, it does so by ensuring that such data is only used in accordance with the terms present herein.

(c) Each access to the Website automatically represents for the User his consent without conditions so that one or more personal data can be collected for the following purposes unless expressly indicated otherwise:

(I) Improve the interaction between the user and the Website during the stay in it; and

(II) Compile anonymous statistics.

The following types of data may be stored and processed by Vulcano International Ltd:

(I) Data that are necessary to generate a personal account on the Website, Full Name and Email.

(II) Data about your computer, including IP address and geographic location.

(III) Data about your visits and use of the system.

(IV) Data you enter to subscribe to our emails and newsletters, such as name and email. Data generated while browsing our Website.

(V) Username, avatar, age, gender, area of residence, email address.

(VI) User's electronic wallet number.

From Vulcano International Ltd, we will take all reasonable technical and organizational precautions in place in order to prevent the loss, misuse or alteration of your personal information.

In any case, you acknowledge that the transmission of data on the Internet is inherently insecure and that the security of the data cannot be absolutely guaranteed. In case of request, the User will receive all the information collected and stored by Vulcano International Ltd. Such request must be accompanied by sufficient proof of identity, at the sole discretion of Vulcano International Ltd.

The data collected may be used for any or all of the purposes described below:

(I) Administer the system, including making this data available to our dependents, officers, suppliers, among others, as is reasonable and necessary as stipulated in these terms and conditions.

(II) Improve the offer of services.

(III) Send advertising communication, notifications, or any other type of information.

(IV) Send suggestions to improve the functionalities of the product (which may be, depending on the case, suggestions free of charge, or with charge).

(V) Provide statistical information to third parties about our users having first correctly dissociated the personal information.

(VI) Verify compliance with these terms and conditions.

(VII) Other uses not foreseen by this statement, which is not in any way exhaustive. In case of a competent judicial request or in a situation that justifies it, we may disclose your personal data to the extent required by law. This includes cases where such publication is made for the purposes of guarding and exercising the rights of Vulcano International Ltd.

In case of a competent judicial request or in a situation that justifies it, we may disclose your personal data to the extent required by law. This includes cases where such publication is made for the purposes of guarding and exercising the rights of Vulcano International Ltd.

CLAUSE 10. Limitation of Liability

(a) The User acknowledges and accepts that access to the Website, its permanence and activity on it, is carried out:

(I) On its own initiative;

(II) At your sole cost;

(III) With an understanding of T&C; and

(IV) Under your sole responsibility.

(b) You understand and agree that the Website shall not be liable to you or any third party for any indirect, incidental, special, consequential or exemplary damages you may suffer, whatever caused and under any theory of liability, including, without limitation, any loss of profits (incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of acquiring substitute goods or services or any other intangible loss, even if we have been advised of the possibility of such damages.

(c) The User accepts and acknowledges that the Website, the Vulcano application has been made available to him and that we celebrate these T&Cs depending on the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of business between us.

(d) Vulcano International Ltd shall not be liable for any damage that the User generates to third parties through the use of the Website or the Tokens. Nor will it be responsible for criminal conduct attributable to the User.

(e) The use of Vulcano, the Tokens and other services of the platform is conditioned on the User complying with all applicable legal regulations.

(f) The company does not assume any responsibility in relation to patrimonial damages that the User may suffer for the transactions carried out with the Tokens with respect to third parties. The fact of transferring the Tokens outside the platform managed by Vulcano International Ltd exempts the latter from any liability related to the transactions it makes.

(g) It is expressly clarified that Vulcano International Ltd does not have the possibility to revoke or stop the execution of smart contracts. Nor does it have the possibility of correcting errors that the User would have made when identifying target virtual wallets, nor errors in amounts or amounts.

(h) Tokens are not physically backed. If they are negotiated by the User on any platform, the company is not responsible for variations in their value. The User expressly assumes that the trading of tokens is subject to great volatility in its quotation, so the User assumes any risk in this regard.

(i) The company will not be responsible for any damage that has no immediate causal relationship with its direct action, being expressly excluded the responsibility for the mediate consequences (whatever its type) and remote.

(j) WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS YOU SUFFER AS A RESULT OF USE OF THE NETWORK, METAMASK ELECTRONIC WALLET, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY INTERPRETED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR LOSS OF DATA; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE APPLICATION, NETWORK OR METAMASK WALLET.

CLAUSE 11. Assumption of risks

The User accepts and acknowledges each of the following:

(I) Blockchain asset prices are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your $VULC, which may also be subject to significant price volatility. We cannot guarantee that buyers of $VULC will not lose money.

(II) You are solely responsible for determining which taxes, if any, apply to your transactions relating to Vulcano International Ltd. Vulcano International Ltd is not responsible for determining the taxes that apply to your transactions on the Website or on the Vulcano platform.

(III) There are risks associated with the use of an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of introducing malicious software, and the risk that third parties may gain unauthorized access to information. stored in your wallet. You agree and acknowledge that Vulcano shall not be liable for any communication failures, interruptions, errors, distortions or delays you may experience when using the Website, regardless of the cause.

(IV) Lack of use or public interest in the creation and development of distributed ecosystems could adversely affect the development of the Vulcan ecosystem and thus the utility or potential value of $VULC and NFTS.

(V) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may adversely affect the development of the Vulcan ecosystem and therefore the utility or potential value of $VULC and NFTS.

CLAUSE 12. Anti-Money Laundering

Vulcano and its directors, officers and employees (collectively, the "Employees") established an Anti-Money Laundering Code. It is the responsibility of Vulcano Employees to comply with the Anti-Money Laundering Code.

In this regard, the essential points of Vulcano's Anti-Money Laundering are:

1. monitor user's activity with their wallets through the Website;

2. maintain a database of transactions equal to or greater than 10,000 BUSD or equivalent in other currencies;

3. maintain users and transaction records;

4. report unusual or suspicious transactions;

5. train employees in Anti-Money Laundering issues;

6. co-ordinate independent audits of Vulcano's Anti-Money Laundering Code; and

7. designate Anti-Money Laundering officers who will prepare periodic reports.

Likewise, you further acknowledge, represent and agree that all cryptocurrency funds from your wallet used to access the products and services offered by Vulcano through the WebSite are derived from lawful activities in accordance with all applicable laws, regulations and guidelines in the BVI.

CLAUSE 13. Presentation

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Website and the Application (the "Submissions") that you provide to us will not be confidential and will become our exclusive property from the moment they are received. In this regard, upon receipt of the Submissions, we will have exclusive rights to them, including all intellectual property rights, having the right to their use and to the unrestricted dissemination of the Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation of any kind to you. You hereby warrant that such Submissions are original creations of you, or that you have the right to submit such Submissions. You agree that there should be no remedy against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions, and you will hold us fully harmless from any claims Vulcano International Ltd may receive in this regard.

CLAUSE 14. Advertiser

Vulcano International Ltd/Vulcano - Vehicle will allow advertisers to display their advertisements and other information in certain areas of the Website and Application, such as sidebar advertisements or advertisements. If you are an advertiser, you must assume full responsibility for the advertisements you place on the Website and/or the Application, and the services provided on the Website and/or the Application, or the products sold through those advertisements. In addition, as an advertiser, you warrant and represent that you own all rights and authority to place advertisements on the Website and/or the Application, including, but not limited to, intellectual property rights, publicity rights and contractual rights. We simply provide the space to place such ads and have no other relationship with advertisers.

CLAUSE 15. Feedback

(a) The User

(I) You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain defamatory or illegal, abusive or obscene material, nor will they contain any computer virus or other type of malware that could affect the operation of the Service or any related website.

(II) You may not use a false email address, impersonate anyone other than yourself, or mislead us or any third party about the origin of the comments.

(III) You are solely responsible for the comments you make and their veracity and we will not assume any legal responsibility for the comments posted by you or by third parties.

We are interested in knowing your experience with Vulcano, and that you send us your suggestions. To send feedback, just write us an email to the [email protected] with the subject 'Feedback'.

CLAUSE 16. Applicable law

These Terms of Use and your use of the Website, Application and Smart Contracts are governed by and constructed in accordance with the laws of the British Virgin Islands (BVI) applicable to agreements made and to be carried out in their entirety in the British Virgin Islands (BVI) without regard to its Conflict of Laws Principles.

CLAUSE 17. Contact

Questions related to the Terms of Service should be sent to [email protected]