Terms of Service
Effective: February 21th, 2022
This website and any mobile application (collectively, this "Platform") is owned by [Vloomi Limited] (“Kanimal Clash“”P2E Game” "We", "Us" or "[ Ludena Protocol]"). We are providing you with access to this Platform and our online store (together, our "Services") subject to the following terms and conditions.
Our service also allows you to sell and purchase Crypto Assets (defined below). Sales and purchases are accessible by linking a digital wallet, with supported extensions such as MetaMask. MetaMask has their own Terms of Service, with which you should make yourself aware of, Crypto Assets are defined as, but not limited to, unique non-fungible tokens, implemented on the Ethereum blockchain, via smart contracts.
All Transactions on our service are handled by third-party electronic wallet extensions. Each of these have their own Terms of Service of which you should familiarize yourself. You can find them at the links below
Kanimal Clash is a platform. We do not act as a Broker, Financial Institution or Creditor. The service provided is administrative, Kanimal Clash facilitates transactions between the buyer and seller in trading but is not party to any Agreement between the two
By browsing, accessing, using, completing the registration process on this Platform or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Platform and these Terms at any time. If changes are made notice will be provided seven days in terms will be amended with the most recent amendment date. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Platform. You represent and warrant that you are at least 18 years advance, such as by email notification. Additionally, the “Last Updated” date at the beginning of these is old or visiting this Platform under the supervision of a parent or guardian.
Use of This Platform
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Platform. This license grant does not include: (a) any resale or commercial use of this Platform or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Platform and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Platform. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Platform, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Platform so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Platform, you may be required to register and We may assign to you, or you may be required to select a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Platform's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Platform. You are responsible for maintaining the security of your access details to our service and accept all risks of unauthorized access to your account. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. IN THE CASE OF UNAUTHORIZED ACCESS AS A RESULT OF NEGLIGENCE BY THE COMPANY, THE COMPANY WILL BE LIABLE PROVIDED FAULT CAN BE FOUND AND PROVEN
Also, you agree that you will not create additional accounts if we have disabled one you had, unless express written consent is given. Buy, sell or rent your account or access to it unless you have our express written consent. Share your password with anyone. Acting in such a way will be cause for termination of your access to this service.
Kanimal Clash may require you to provide additional documentation or information at the request of competent authority or in the case of applicable law, including laws related to anti-laundering of incomes obtained by criminal enterprise. We may also request additional documentation when there is reason to believe that your account has; been used for money laundering or other illegal activity, you have acted to conceal or report false identification information or transactions administered by your account were in breach of these Terms.
When you register on this Platform, or send emails to Us, or create an account you are communicating with Us electronically. You consent to receive administrative communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Platform or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Providing you have consented at registration we may also send you electronic communications for promotional purposes, such as but not limited to, newsletters, special offers surveys or other news that we deem of interest to you. These may be opted out of by following the opt out procedures of the relevant communication. Opting out does not impact the receiving of administrative email communications.
This Platform may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Platforms ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Platforms any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
You agree you will not violate any law, contract, intellectual property or third-party right. You are solely responsible for your conduct and agree to the following.
- Not to Provide false or misleading information to Kanimal Clash
- Use the service in a way that negates other users from fully using the service and its features
- Develop, use or share any software or interact with any API in a way that can damage or impair the service. Or use any automated means or interface not authorized by us to access the service, extract data or interfere with the functionality of pages.
- Use the service for any illegal or unauthorized purpose or engage or promote any activity that violates these terms.
Kanimal Clash retains the right to allow or disallow certain assets or listings that we deem to not be appropriate. We reserve the right to determine the appropriateness of listings and may remove, with notice, content we feel is inappropriate. Notification will be on a manual basis and be after the fact. Notification will be issued via the registered email address for the service.
Rights in User Content
Users are solely responsible for their use of the service and for any content they upload. With the exception of legal responsibilities and adherence to relevant laws, we take no additional responsibility for content posted.
Except as otherwise provided in these Terms, on this Platform or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Platform, you grant a royalty-free perpetual right for us to use, reproduce, publish and display such content for the purpose of promotion, marketing and publicizing the service, without prior notice. You also grant users of this Platform the right to access your User Content in connection with their use of this Platform. By posting User Content to this Platform, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Platform and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Platform, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation. We reserve the right to determine the appropriateness of content and may remove, with notice, content we feel is inappropriate. Notification will be on a manual basis and be after the fact. Notification will be issued via the registered email address for the service.
Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Platform, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Platform, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Platform;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Platform;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Platform;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Platform;
- submit to this Platform any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Platform any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Platform, any other Website, or any computer or other device or system, or the enjoyment of this Platform by any user;
- use this Platform to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Platform any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Platform to transfer or store illegal material, including any material threatening or obscene;
- copy or store any User Content offered on this Platform other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Platform or the IT infrastructure used to operate and make this Platform available; or
- use this Platform and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Platform, and We reserve the right and have absolute discretion to monitor and remove any user for conduct on this Platform at any time and for any reason. Prior notice will be given, with the exception of cases deemed an emergency where notice will be given after removal
As between you and Us, this Platform, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Platform (collectively, the "Platform Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Platform
You agree that all of your transactions with or through this Platform may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
Unless explicitly provided to the contrary by Kanimal Clash all goods are sold “as is” and “as available”. Without Warranties or conditions of any kind. Kanimal Clash makes no guarantee that the service will meet your requirements, be available on an uninterrupted basis or be error free.
We will not be responsible or liable for any loss and hold no responsibility for or liability for losses, damages arising from: User error, such as incorrectly constructed transactions, mistyped addresses or forgotten passwords. Nor from server failure or data loss, corrupted wallet data or unauthorized third-party activity. With the exception of legal responsibilities and adherence to relevant laws or provable negligence on the company’s action.
Crypto Assets are digital only and exist by record of ownership records maintained on the Ethereum network. Transfers of title may occur in any asset on the ledger within the Ethereum platform. It is not guaranteed that Kaniaml Clash can transfer tittle or rights of any Crypto Assets. Links This Platform may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Platform and providing Us with a notice of termination. We reserve the right in our sole discretion, to terminate your right to use this Platform, or any portion of this Platform, and to block or prevent your future access to and use of this Platform or any portion of this Platform. When this action is taken you will be informed with prior notice, and stated reasons. With the exception of when immediate action is necessary to halt malicious behavior. You acknowledge that we have no liability or obligation to you in such events and you have no right to refund or redress, to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out related to (a) your access to and use or misuse of this Platform; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Platform; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another, including another user or MetaMask / Portis. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of other indemnities set forth, in writing between you and us.
Except as expressly provided, this Platform, including all Platform Content, and services provided on or in connection with this Platform are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Platform is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Platform or our servers are free of viruses or other harmful components. With the exception of legal responsibilities and adherence to relevant laws or provable negligence on the company’s action.
Assumption of Risk
By using the service you acknowledge that:
Blockchain and Crypto Assets are volatile in nature, price fluctuations may materially and adversely affect the Crypto Assets. We cannot guarantee that Crypto purchasers will not lose money.
Service users are responsible for determining and adhering to any taxes that apply to the sale or purchase of any Crypto Asset transactions. Transference of Crypto Assets occurs only within the supporting blockchain. The service does not store or send items of any description.
The service relies on third-party platforms to perform. If the service is unable to maintain or adhere to third-party terms and conditions the service may suffer.
Exclusivity of Remedy; Limitation of Liability
WITH THE EXCEPTION OF ADHERING TO LEGAL RESPONSIBILITIES IN THE CASE OF NEGLIGENCE ARISING BY THE COMPANY’S ACTION. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Modifications to Platform
We reserve the right to modify or discontinue, temporarily or permanently, this Platform or any features or portions thereof, notice will be given in advance when changes are implemented that may impact user experience. General cases of improvement and content enhancement may be issued without prior notice.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Platform. These Terms, which shall be deemed accepted by you upon your use of the Platform, constitute the entire agreement among you and Us regarding use of this Platform. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent.
We cannot guarantee the same quality or usability of our "service" in all countries globally. Therefore, those that wish to use our "service" should do so according to their own judgment and responsibility. Additionally, the user is responsible for complying with local laws and regulations when using our "service".
Governing Law and Place
The laws of the country/region in which you are located and these Terms and Conditions shall be governed by and constructed in accordance with the laws of Hong Kong, except in the event of a conflict of law. For users that reside in Europe, Africa, Australia and Oceania, the Middle East, India, Russia, and China, these terms shall be governed by, explained and constructed in accordance with the laws of the United Kingdom, except to the extent of a conflict of law.