TERMS OF SERVICES
LAST UPDATE: October 28 2020.
Please review the terms of service contained herein carefully. By clicking “I agree” or accessing and/or using any of the Services provided by Krakatoa, you have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.
1. Rights and obligations
1.1 – The following terms of service (the “Terms”) constitute a binding agreement between you and Krakatoa Sagl, a limited liability company registered under the laws of Switzerland, with registered address c/o Arent SA, Via Luganetto 4, 6962 Viganello, Switzerland (“Krakatoa”), in connection with your use of the real-world augmented reality mobile experiences, including mobile game applications (“App”), and real-world augmented reality platform (“Platform”) operated by Krakatoa.
2.2 – These Terms also govern your interaction with any websites owned or operated by Krakatoa (“Sites”) as well as with the custodian services provided in the App by a third Party (“Wallet”). The purchase of any Krakatoa merchandise, the participation in any Krakatoa live event or promotion (“Events”), and more generally your use of any Krakatoa products or services (together with the App and Platform, the “Services”) are regulated in the “Regulation for the Use of the Wallem App” to which we refer.
1.3 – By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) you are of legal age to enter into a binding agreement; (ii) if you are not of legal age to enter into a binding agreement, you are above 16 (sixteen) years old and your parents or legal guardians have provided consent; and (iii) if you represent a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.
1.4 – Your access and/or use of the Services is contingent upon your acceptance of these Terms.
1.5 – Krakatoa may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the App or Sites, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If you do not agree to such modified terms, you should discontinue your use of the Services.
2. Users eligible to participate
2.1 – Krakatoa offers its Services to end-users/consumers only. It is prohibited to use the Services for commercial purposes. Participation in the Services is for entertainment purposes only.
2.2 – If you want to use certain Services, you will have to create an account, and you will also need access to a supported mobile phone and an Internet connection.
2.3 – You agree that you will not disclose your account password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not known to you.
2.4 – You may terminate your account at any time. Upon termination of any Services or your account, the following provisions of these Terms will survive: Intellectual Property, Content & Content Rights, PTE & Brand Points, Limit of Use & Prohibited Conduct, Data Protection, Termination, Limitation of Liability, Indemnification, Miscellaneous.
2.5 – Only persons of legal age or persons above 16 (sixteen) years old whose parents or legal guardians have provided consent to the use of the Services are allowed participation. With your participation in a Service, you represent that you are of legal age and of legal capacity (or, if you are a minor, that you are above 16 (sixteen) years old and that a parent or legal guardian has provided consent). Krakatoa is entitled to request at any time a written proof of your age or the written consent of a parent or legal guardian. If you are a minor, as soon as you use the Service after you become of legal age, then all agreements in connection with you concluded before achieving legal age are deemed approved, provided that you do not revoke the approval toward Krakatoa within two weeks upon reaching legal age.
2.6 – To the extent permitted under applicable law, Krakatoa declines any responsibility regarding any activities conducted by a minor with or without the permission of a parent or legal guardian. If you are a parent or legal guardian and you give your permission for your child to register for one of the services, you thereby agree to the terms relating to use of the services by your child.
3. Intellectual property
3.1 – You acknowledge and agree that the Services are the property of Krakatoa, its licensors or its sub-licensor and that they are protected under national and international law and particularly by copyright, trademark, and other laws. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Krakatoa are punishable under both civil and criminal law.
3.2 – Subject to your compliance with these Terms, Krakatoa grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and use the Services and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (i) copy, modify, or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) reverse engineer, decompile, or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. Krakatoa reserves all rights in and to the Services not expressly granted to you under these Terms.
3.3 – You acknowledge and agree that “Wallem” its trademark, service mark, logo and graphics are the registered trademarks or trademarks of Krakatoa.
4. Content & content rights
4.1 – Subject to your compliance with these Terms, Krakatoa grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through the Services.
4.2 – Without prejudice to what set forth in Section 3 above, Krakatoa does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Krakatoa and its licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that the Content are protected under national and international law and particularly by copyright, trademark and other laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content.
4.3 – By making any User Content available through the Services you grant to Krakatoa a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Krakatoa to benefit freely from the above rights, including but not limited to: (i) the right to reproduce User Content by any means and in any form; (ii) the right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print; (iii) the right to use the User Content for demonstration, promotion and advertising for all Krakatoa Services; and (iv) the right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Krakatoa or by any outside party of its choice.
4.4 – You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Krakatoa on or through the Services will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Krakatoa or any third party designated by Krakatoa.
5. Virtual objects
5.1 – The Services may allow you to collect Virtual Objects as defined in the Event Regulation, in particular Digital Goods as defined in the Event Regulation, including the Pteria token (the “PTE”) and Brand Points (the “Brand Points” as defined in the Event Regulation), during gameplay. You may also earn Digital Goods and Brand Points for successful invites of other users. An invite is successful and potentially eligible for being rewarded with Digital Goods and Brand Points under the condition of these Terms or the relevant conditions set forth by the third party, particularly if the user follows the invite link or uses the invite code and subsequently performs.
5.2 – Digital Goods and Brand Points are a category of Content and are provided on a “as is” and “as available” basis, without any warranty, except where prohibited under applicable law.
5.3 – The Services may further allow you to purchase PTE. All sales by Krakatoa to you of PTE are final and Krakatoa will not permit exchanges or refunds for any unused PTE once the transaction has been made. You agree that you will only obtain PTE through means provided by Krakatoa, and not through any third-party platform, broker, or other mechanism, unless expressly authorized by Krakatoa. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.
5.4 – Digital Goods or Brand Points available to you can be used to unlock additional features and functionalities of the Services, take parts in Events provided by Krakatoa or its Brand Partners or to receive discounts in relation with the offered Services from time to time (the “Offerings”). Krakatoa and/or the Brand Partners is entitled to change the terms of such Offerings at any time, and to reduce and/or increase the Digital Goods or Brand Points required for such Offerings. The Offerings are subject to any terms and conditions of their respective issuers, for example in regard to terms of their validity.
5.5 – Any balance of Brand Points does not reflect any stored value and you agree that the Brand Points have no monetary value. Digital Goods may have a monetary value which is any way correlated to Krakatoa or the App and Krakatoa does not guarantee any monetary value of this Digital Goods.
5.6 – Generally, Krakatoa has the right to offer, modify, eliminate, and/or terminate PTE, Brand Points, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you.
6. Wallet services
6.1 – The App enables you to dispose of one digital custodial wallets for certain supported digital assets that lets you store, send, request and receive supported digital assets. All transactions requested and/or made through the Wallet are irreversible.
6.2 – The Wallet as a service is run by Noku Northern Europe a limited liability company registered under the laws of Estonia, with registered address Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 4, 11415 (“Noku”).
6.3 – The Wallet is only for use with digital assets that Krakatoa may explicitly decide to support now or in the future at its sole discretion. Krakatoa has no obligation to support any other digital assets. Krakatoa takes no responsibility or liability in connection with any attempt to use the Wallet for digital assets other than the supported digital assets.
6.4 – By accessing and/or using the Wallet, you acknowledge and agree that neither Krakatoa nor Noku can guarantee the confirmation of any transaction on any blockchain network. Neither Krakatoa nor Noku have control over any blockchain network.
6.5 – By accessing and/or using the Wallet, you represent and warrant that (i) you fully understand and have significant experience of digital assets, blockchain systems and services, and (ii) you fully understand the mechanics related to the use of digital assets (including with respect to their storage).
6.6 – Custodial wallets, such as the Wallet, requires compliance with KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations. Any use of the Wallet for storing digital assets for a value above EUR 1’000 would require the execution of KYC and AML procedures. Noku reserves the right to block the digital assets in your Wallet in case you will not perform such duties.
6.7 – In addition, Noku may require you to provide documentation to verify the information you have submitted to Noku including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving Your identity issued by a governmental body.
7. Limits of use & prohibited conduct
7.1 – Krakatoa provides the services solely for use in accordance with these Terms. Automated use is prohibited. Only the official App and Sites provided by Krakatoa may be used to connect to the Services. You may not create, support, host, link or provide any other options, which can be used by another person to use the services.
7.2 – You may not participate in the Services utilizing several accounts devices and/or resetting the device identifier is prohibited.
7.3 – You are not entitled to use any means, mechanisms or software in connection with any service provided by Krakatoa which can disturb the function and the Services’ process. You may not undertake any action, which can result in an unreasonable or excess load of the technical capacities of Krakatoa. In particular, you may not block, overwrite or modify the contents generated by Krakatoa without the prior written consent of Krakatoa.
7.4 – You may not add elements to the Services or to change, delete or modify in any other manner any service elements without the prior written consent of Krakatoa. In particular, you may not copy, remove or otherwise utilize any graphic elements or to try to decompile the source code of services.
7.5 – You may not utilize any ancillary means, which maliciously modify the service score or the service process (specifically so-called “bots”, “hacks”, “change VPN” or “cheats”) nor promote their use toward third parties. You may not intentionally use third party software or other applications nor program errors for your own benefit.
7.6 – While using the Services, you may not cheat. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. In particular, cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others: (i) accessing Services in an unauthorized manner (including using modified or unofficial third party software); (ii) playing with multiple accounts for the same Service; (iii) sharing accounts; using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or (iv) selling or trading accounts.
7.7 – While you are using the Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
7.8 – Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content. You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
7.9 – Krakatoa does not intend App to be medical or health devices, or provide medical or health advice.
7.10 – You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Krakatoa (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.11 – You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so: (i) collect, store or share any personally identifiable information of other users from the Services without their express permission; (ii) extract, scrape, or index the Services or Content (including information about users or gameplay); (iii) use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to gathering in-App items or resources for sale outside the App, performing services in the App in exchange for payment outside the App, or selling, reselling, or renting the App or your account; (iv) attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Krakato or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind); (v) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content; (vi) bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Krakatoa or any of Krakatoa’s providers or any other third party (including another user) to protect the Services or Content; (vii) use, display, mirror, or frame the Services or any individual element within the Services, Krakatoa’s name, any Krakatoa trademark, logo, or other proprietary information, or the layout and design of any page or App without Krakatoa’s express written consent; (viii) post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ix) access, tamper with, or use nonpublic areas of the Services, Krakatoa’s computer systems, or the technical delivery systems of Krakatoa’s providers; (x) attempt to probe, scan, or test the vulnerability of any Krakatoa system or network or Service, or breach any security or authentication measures; (xi) use any meta tags or other hidden text or metadata utilizing a Krakatoa trademark, logo, URL, or product name without Krakatoa’s express written consent;(xii) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information; (xiii) interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services; (xiv) delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the foregoing.
7.12 – Although Krakatoa is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, it has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Krakatoa reserves the right to remove or disable access to any Content, at any time and without notice. Krakatoa may remove any Content it considers to be objectionable or in violation of these Terms. Krakatoa has the right to investigate violations of these Terms or conduct that affects the Services. Krakatoa may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
7.13 – Any attempt by you to disrupt or interfere with the services, including without limitation undermining or manipulating the legitimate operation of any Site or App, is a breach of these Terms and may be a breach or violation of criminal and civil laws.
7.14 – Krakatoa is entitled to take reasonable measures to prevent or curtail violations against this Section 5. In addition, in case of such violations, Krakatoa is entitled to block your account.
8. Service limitations and modifications
8.1 – Krakatoa will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Krakatoa reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
9. Data protection
10.1 – The agreements between user and Krakatoa (e.g. these Terms) are concluded for an unspecified time unless otherwise agreed in writing.
10.2 – Krakatoa may terminate these Terms or suspend your access to the Services or account at any time, including, without limitation, in the event of your alleged or actual misuse of the Services or breach of these Terms.
11. Limitation of liability
11.1 – In no event will Krakatoa, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Krakatoa was advised of the possibility of such damages.
11.2 – Without limiting the generality of the foregoing, Krakatoa takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) technical failure, malfunction or shutdown; (ii) server failure, hacks or unavailability; (iii) data loss; (iv) stolen, lost, or unauthorized use of your means of authentication; (v) errors calculating network fees; (vi) corrupted data on Krakatoa’s servers; (vii) failure to update or provide correct information; (viii) “phishing” or other websites masquerading as Krakatoa; (ix) delays, interruption or loss of services; (x) loss of business or goodwill.
11.3 – The Services support or are integrated with third party services, including third party advertising services. Krakatoa takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.
11.4 – The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Krakatoa disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. You assume all risks relating to your online or offline communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. You understand that Krakatoa does not screen or inquire into the background of any users of the services. Krakatoa makes no representations or warranties as to the conduct of users of the services. you agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.
11.5 – In no event will the aggregate liability of Krakatoa, arising out of or related to these Terms and/or the Services, exceed the amount of CHF 1’000 (one thousand Swiss francs).
12.1 – To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Krakatoa, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of: (i) your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) your alleged or actual use or misuse of the Services; and (ii) your alleged or actual infringement or violation of any laws or of the rights of a third party.
13.1 – Entire agreement
These Terms constitute all the terms and conditions agreed upon between you and Krakatoa and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
13.2 – Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of Krakatoa to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of Krakatoa’s rights to do so.
13.3 – Assignment
Krakatoa may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party.
13.4 – No partnership
Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between you and Krakatoa.
13.5 – Force majeure
Krakatoa will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Krakatoa’s reasonable control.
13.6 – Governing law and jurisdiction
These Terms are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland,.
13.7 – No class proceedings
You will only be permitted to pursue claims against Krakatoa on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
13.8 – Time bar
You acknowledge and agree that any claim or cause of action arising out of or in connection with the Services shall be commenced within 1 (one) year after its accrual; thereafter, any such claim or cause of action shall be permanently barred.
If You have any questions regarding these Terms, please contact us at firstname.lastname@example.org