ILLUVIUM TERMS OF USE
1. Introduction
Effective Date: 1 June 2023
Last Updated: 5 December 2024
Welcome to Illuvium! These General Terms, along with other policies or Rules incorporated herein constitute a legally binding agreement (herein “Terms” or “Terms of Use”) between you (or any of your affiliates, or any other person having a beneficial interest in you, or any person for whom you are acting as agent or nominee in connection with your use of our Services or the Illuvium Tokens) (You, Your, Yourself, User) and the relevant delegate entity of the Illuvium DAO (Illuvium, We, Our or Us) in respect of your access to and use of the Illuvium Services. The Services are provided by Illuvium DAO or through delegate entities and depending on where you access specific Services will determine which delegate your agreement is with (see table at the end of this Section 1).
Our Services comprise:
The web domain https://illuvium.io/ and subdomains (the Interface);
Illuvium game applications, including website applications and mobile applications (Apps). The Illuvium Games, including Zero, Overworld, Arena and Beyond are a series of separate but interrelated games involving to varying extents the use of blockchain elements and Illuvium Token.
Media forms, including Discord channels and other platforms for Illuvium community engagement (Media);
Illuvium’s Smart Contracts (collectively the Illuvium Protocol) and other software or services made available by Illuvium for you to interact directly with, or, made available to you through the Interface or Apps;
The Services include Illuvium’s distributed applications running on one or more blockchain networks, using smart contracts (each a Smart Contract) that interact with or enable the use of a game player’s (a Ranger) creatures, i.e. Illuvials, or enable a Ranger’s other digital assets relevant to gameplay, including Land NFTs, in-game resources such as Fuel and other tokens (Game Assets). Game Assets can be visualized and utilized via the Services and other third party services.
Other non-digital asset in-game items (Items) are used in gameplay and are intended to be visualized and utilized via the Services and other third party services.
The Services include the Illuvidex marketplace, where users can offer to sell, and sell certain Game Assets to, and offer to buy and buy certain Game Assets from, other users, to which the Illuvidex Rules apply. In certain circumstances, Illuvium may be the seller in such sale, in which case the Illuvium Auction and Sales Rules apply. In the context of P2P sales between Users, the Illuvium Marketplace Rules apply.
The Services include the Fuel Marketplace, where Landowners can offer to sell, and sell Fuel to Rangers, and Rangers and Land NFT owners can offer to buy and buy Fuel, or trade different Fuel types, to which the Fuel Trade Rules apply.
The Services include participating in Illuvium DAO’s Governance, facilitated through ILV Token ownership, and by Illuvium’s Smart Contracts and Media, to which the Governance Rules apply.
The Services include access to Illuvium’s Staking Programs, facilitated through ILV ownership and Illuvium’s Smart Contracts, to which the Staking Rules apply.
In addition to the Services, Illuvium Merchandise is made available to you through the Interface, further to which the Product Rules and Jurisdiction Specific Refund Rules apply.
Finally, the Marketing and Promotions Rules apply to Illuvium promotions. These are supplemented and amended by promotion-specific Rules, which are incorporated into these Terms by reference.
DAO Disclaimer: Illuvium is a decentralized GameFi DAO and as such, adopts an evolving, decentralized participatory governance method toward the operation of Illuvium’s various Services, specifically focused on the production of the Illuvium GameFi titles Overworld, Zero, Arena and Beyond where play to earn features incentivise gameplay across the titles and gamers may earn and trade certain Game Assets. No central entity operates the Illuvium DAO. By entering this agreement you are not agreeing to enter into a partnership. Decisions relating to the operation of the DAO and the Services it makes available to you are governed by the Illuvium membership, as represented by the Illuvium Main Council, who collectively govern the DAO further to the prevailing Model of Governance adopted by the DAO. You can participate in Illuvium DAO governance by staking ILV tokens further to Illuvium’s Governance Rules, joining and participating in the Illuvium Discord. The DAO’s Model of Governance, Governance Rules and Services provided to you by the DAO can change at any time. To the extent that any of the Services are or rely solely on immutable code, which may be accessed by any number of interfaces, then those Services are not unilaterally offered, maintained, operated, administered or controlled by the Illuvium DAO or its delegate entities. The Illuvium DAO’s trading interfaces for Game Assets are the Illuvidex (for NFTs) and the Fuel Exchange (for Fuel). The Illuvidex is an interface for a protocol-level gas free marketplace offered, maintained, administered and controlled by https://www.immutable.com/. The Fuel Exchange is operated by the DAO’s delegate entity indicated in these Terms. Illuvium DAO maintains user interfaces for staking and governance. You participate in the Services at your own risk. The Services are offered “AS IS” and without any guarantees as to security.
You hereby release all present and future claims against Illuvium DAO and its delegate entities and representatives related to your use of any and all of the Services and Illuvium Tokens (including ILV, sILV and the Game Assets). You agree to indemnify and hold harmless Illuvium DAO, its delegates, affiliates and representatives for any costs arising out of or relating to your use of any or all of the Services and the Illuvium Tokens.
Availability: The laws that apply to your use of or access to the Services vary based on the country and jurisdiction in which you are accessing them. The Services are not intended for distribution to any person or entity in any jurisdiction or country where distributing or use would be contrary to Applicable Laws, or which would impose on Illuvium any registration requirement or other regulation within such jurisdiction or country, accordingly you are solely responsible for compliance with all Applicable Laws when you access and/or use the Services.
Age Rated: Unless expressly stated otherwise, the Services are intended for users who have reached the age of legal majority in the country in which the Services are accessed. You agree that if you are 13 or older, yet under whatever the age of legal majority is where you access the services, you access the Services and you may make payments only with the involvement of your legal guardian and you represent that your legal guardian has read, understood and agreed to these Terms, shall exercise supervision over your use of the Services and assume all liability in relation to your use of the Services. We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Services on this basis.
Consent by Use: BY USING THE SERVICES OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE BY ILLUVIUM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAKE THE REPRESENTATIONS AND WARRANTIES IN SECTION 2, AND HAVE READ THE WARNINGS AND ACCEPT THE KEY RISKS IN SECTION 3. IF YOU DO NOT AGREE AND/OR ACCEPT THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Access: Our Services may be hosted or made available to you by one or more delegate entities of the DAO, depending on what specific Service you’re accessing and where you access that Service from. If you are a customer from the following countries, the following Services are made available by the corresponding DAO delegate.
Service: Interface Access Release: NA Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs Inc
Service: Game - Overworld Release: All releases Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs FZCO
Service: Game - Zero Release: All releases Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs FZCO
Service: Game - Arena Release: All releases Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs FZCO
Service: Game - Beyond Release: All releases Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs FZCO
Service: Illuvidex Release: NA Country You Access from: Global Illuvium Delegate Entity: NA
Service: Fuel Exchange Release: NA Country You Access from: Global Illuvium Delegate Entity: NA
Service: Illuvium (first instance) Sales: Game Assets and other Virtual Assets Release: NA Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs Inc
Service: Governance Release: NA Country You Access from: Global Illuvium Delegate Entity: Illuvium DAO
Service: Staking Release: NA Country You Access from: Global Illuvium Delegate Entity: NA
Service: Merchandise Store Release: NA Country You Access from: Global Illuvium Delegate Entity: Illuvium Labs FZCO
Note: To the extent that the services are provided through or rely solely on immutable code, they are not unilaterally offered, maintained, operated, administered or controlled by the Illuvium DAO or its delegate entities and the Illuvium Delegate Entity in the table is indicated “NA”.
If you are or from a Prohibited Jurisdiction and Individual (as applicable), you may not access any of the services.
Supplementary Terms: You may be required to agree to supplementary terms and conditions with service providers through which our services are provided (such as Apple’s App Store, or Epic Games). You agree to any terms or conditions set by those providers as if those terms were incorporated into our Terms of Use.
Game Asset Terms. Supplementary terms or limits may be applicable to the purchase, sale or use of specific Game Assets, including, without limitation, any fee payable in connection with any subsequent sale of a Game Asset, regardless of whether such sale takes place on or through the Service (each such subsequent sale, a "Secondary Sale," and such fee, a "Secondary Sale Fee"), and Illuvium may display such terms at point of sale or otherwise within the Services. You agree to any Game Asset Terms as if those terms were incorporated into our Terms of Use.
Updates and third party software. You acknowledge that the Services are evolving. As a result, we may require you to accept updates to continue to use the Services, or any part thereof and we may or may not notify you about this. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to our Terms. Illuvium and our suppliers and service providers reserve all rights not granted in our Terms. Any unauthorized use of any Services terminates the licenses granted by us pursuant to our Terms.
Reserved Rights: Illuvium reserves the right to restrict, suspend or terminate without notice your access to all or any one of, or any part of our Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. Illuvium reserves the right, in our sole and absolute discretion, to amend, modify or alter any of the Services provided, at any time.
2. Representations and Warranties
We have absolute and sole discretion to allow or disallow your access to the Services. By using the Services, you hereby represent and warrant, to and for the benefit of Alluvium and our respective representatives, as follows:
You have all requisite capacity, power and authority to enter into, and perform your obligations under these Terms and you are at least the higher of legal age to form a binding contract with us in the country or state in which you have your habitual residence, and you meet all of the eligibility requirements in these Terms, or for a specific Service (such as an age rating for a specific game), or you are accessing our Services under the supervision of a parent or guardian;
You are not using the Services from a country or territory, nor are you an entity or individual included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list or the Office of Foreign Assets Control of the U.S. Department of the Treasury list as provided at http://www.treas.gov/ofac), or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list, or a person or entity included in the denied persons or entity list of the U.S. Department of Commerce (Prohibited Jurisdictions and Individuals);
You are not a senior foreign political figure, nor is any of Your immediate family members or close associates a senior foreign political figure;
You are not a citizen or resident of, nor are you located in, any country where accessing our Services is illegal or impermissible under Applicable Laws;
You are compliant with all Applicable Laws to which you are subject;
You have read these Terms and understand that, except to the extent that we have explicitly obtained registration or fulfilled any other regulatory requirement which we have detailed in our Terms, neither the Illuvium DAO or any of its delegate entities or the component Services that we offer, are registered or licensed, or have been reviewed or evaluated by any securities law, financial crime or banking regulator of any jurisdiction;
All information and data provided by you are true and correspond to reality;
You are a natural person who is not impersonating any other person;
You are not a person who has been or is involved in the development of any of the Services, where such involvement could alter, modify or unduly influence any element of the Services, without our express written permission and subject to the terms and conditions that we may seek to impose on you.
You are sufficiently sophisticated, experienced and knowledgeable in respect of blockchain technologies and digital assets so as to be able to, and You have conducted an independent investigation of the Services and the matters contemplated by these Terms and have formed your own independent judgment regarding the benefits and risks of, and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation having exercised such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements in respect of blockchain technologies and digital assets generally and specifically in relation to the Games and Game Assets are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Game Assets) may constitute securities and the Services (or components therefore) may constitute financial products or services under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by Illuvium in determining to enter into these Terms or to use the Services.
You understand that blockchain and Smart Contract technologies are experimental, speculative and inherently risky and you are willing to accept the risks associated with cryptographic systems such as Smart Contracts, the Ethereum blockchain, the Immutable X Protocol, non-fungible tokens, the interplanetary file system and Third-Party Extensions like MetaMask;
There is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice.
If you are an advertiser or third party seller of Illuvum Tokens, including Game Assets, you warrant and represent that you possess all rights and authority to place advertisements using our Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
3. Risk Warning
ILLUVIUM’S SERVICES HEAVILY RELY ON EMERGING TECHNOLOGIES, SUCH AS THE ETHEREUM NETWORK, IMMUTABLE’S LAYER 2 SCALING SOLUTIONS ON THE ETHEREUM NETWORK (INCLUDING BUT NOT LIMITED TO STARKEX ZK-ROLLUP AND ZK-EVM) AND PRODUCTS INCLUDEING WALLET AND SINGLE SIGN IN TECHNOLOGIES. THESE TECHNOLOGIES ARE EXPERIMENTAL, SPECULATIVE AND NOVEL, AND BY NO MEANS FIXED IN TERMS OF FEATURE DESIGN AND OPERATION, AND THAT THEREFORE THERE IS UNCERTAINTY REGARDING THE EFFECTS, OPERATIONS AND RISKS THEREOF AND THE APPLICATION OF EXISTING APPLICABLE LAWS THERETO, AND BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
You understand and agree that your use of the Services and Illuvium Tokens is subject to certain risks, including without limitation the following non-exhaustive list of risks. These risks as well as additional risks arising now and in the future, can be substantial. You should carefully consider the use of any of our Services. You accept and acknowledge each of the following risks:
Price and liquidity of blockchain assets, including any of the Illuvium Tokens, is extremely volatile and may be subject to fluctuations. Fluctuations in the price of any digital asset, including any Illuvium Token, could materially and adversely affect any one or all of the Illuvium Tokens;
All digital assets including Illuvium Tokens are largely unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions;
Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the Illuvium Tokens and the nature of the Services; We may be adversely impacted by one or more regulatory or legal claims, actions, inquiries, suits, investigations, fines or judgments, which could impede or limit the ability of you to continue to use our Services and to derive value in, and use of the Illuvium Tokens;
Transactions involving Illuvium Tokens may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
Users are solely responsible for the safekeeping of their private keys. We will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise, as well as accidental transactions;
To use Illuvium Tokens, you must use non custodial wallet software which allows you to interact with public blockchains, and rely on cryptography and technology such as blockchain for security and other features. Your use of a non-custodial wallet provider is governed by the applicable terms of service of that third party, and are not governed by these Terms. You are responsible for seeking independent, professional advice in relation to the cyber security of your blockchain and token activities;
The value of Illuvium Tokens may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Illuvium Tokens, and therefore the value of Illuvium Tokens is subject to the potential for permanent or total loss of value should the market for any one of or all of the Illuvium Tokens disappear;
Game Asset and Item availability: We cannot guarantee that any Game Assets or Items that are visible on our marketplaces or available for purchase directly from us will always remain visible or available for purchase, sale, or transfer, nor can we guarantee that these Game Assets or Items may hold or retain value.
Supply Manipulation: One or more individuals may directly or indirectly control significant portions of the total supply of any particular Illuvium Token(s) (Whales). Whether acting individually or collectively, Whales may have significant impact and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of Illuvium Tokens. Whales, or other network participants and users, may make decisions that are not in your best interests.
Illuvium’s Services and Smart Contracts including those that relate to the Illuvium Tokens are subject to the risk of fraud, counterfeiting, cyber attacks and other malicious behavior. Malicious individuals or organizations may target you and attempt to steal your Illuvium Tokens you may hold or claim any Illuvium Tokens that you may have earned or purchased. You are solely responsible for protecting yourself against such actions.
Cryptography: Code cracking or other technical advances may present risks, including the theft, loss or inaccessibility of tokens or other cryptographic assets.
Illuvium Tokens and Smart Contracts may be subject to forks. We may not be able to anticipate, control or influence the occurrence or outcome of forks, and we do not assume any liability, risk, or obligation in connection therewith. We do not assume any responsibility to notify a user of threatened, pending, or completed forks. We will respond (or refrain from responding) to any forks in such manner as we determine in our sole discretion, and shall not have any duty, liability, or obligation to a user if such response (or lack of such response) acts to a users' detriment. Each user assumes full responsibility to independently remain informed about possible forks, and to manage their own risks and interests in connection therewith;
Services may utilize APIs, middleware, servers, platforms, services and products of third-parties, and we do not guarantee the continued operation, accuracy, maintenance, availability or security of any of such dependencies and note that access to and use of the Services may be degraded, modified or obviated by dependencies on third party products and services;
We do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public Blockchains that you are interacting with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain.
Communication Failures: There are risks associated with using Internet and blockchain-based products, including Illuvium’s Smart Contracts, Apps and the Illuvium Tokens, as for all cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that neither Illuvium, nor any member of the Illuvium Parties, will be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Internet, or any other blockchain, however caused.
Treasury: The Illuvium DAO may not have the ability to maintain a strong enough treasury to continue operations. There is a risk that the Illuvium DAO is not sufficiently responsive to changes in the industry and/or trading conditions, or cannot raise sufficient capital including because of its decentralized model of governance and the emerging and risky policy environment for DAOs, tokens and token activities;
Members of the Illuvium Council may pass a vote to modify how the Illuvium DAO operates, and therefore the Services and Illuvium Tokens. You are responsible for monitoring the Illuvium DAO’s official social channels and staying updated on changes affecting the Illuvium DAO and the Services;
Token activities carry the risks of interacting with Third-party Extensions and Third-party Platforms in relation to offering the Services. There is also a risk that any Illuvium Tokens you acquire while participating with the Services could be stolen or exploited by a DLT contract vulnerability;
There may be vulnerabilities in the suite of DLT contracts that collectively form the Illuvium Protocol and you may experience damage, interruptions or loss caused by the exploitation of DLT contract vulnerabilities in the form of hacks, mining attacks, cyber-attacks, distributed denial of service attacks, or other security breaches, attacks, or deficiencies that could result in the loss of tokens other than just your Illuvium Tokens, and could be related to other attacks to obtain your personal and sensitive information and access to your traditional financial assets such as bank accounts and credit cards;
At the date of publication of these Terms, none of the Illuvium Tokens are registered as securities or other financial products in any jurisdiction and the Illuvium DAO is not a registered virtual asset service provider (VASP) in any of the jurisdictions that has legislated such registration regimes and does not provide activities that attract obligations under current anti-money laundering and counter-terrorist financing laws. Accordingly, neither the Illuvium DAO or any delegate entity is regulated or actively supervised by any anti money laundering regulator in any jurisdiction;
We reserve the right to hide collections, contracts, and items that are affected by any issues for any reason at our sole discretion. These items you purchase may be inaccessible through one or more Services. You understand and accept that the inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains does not give you any grounds for a claim against us.
A lack of use or public interest in the creation and development of distributed ecosystems (including without limitation the blockchains, networks and Layer 2 scaling solutions Illuvium relies upon) could negatively impact the development of Illuvium’s Services, and therefore the potential utility or value of any or all of Illuvium’s Tokens.
Upgrades to the blockchains, networks and Layer 2 scaling solutions Illuvium relies upon may have unintended, adverse effects on the Services, including any Digital Assets made available by Axie Infinity.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. The information in these Terms of Use is of a general nature and does not take into account your objectives, financial situation or particular needs. You should obtain your own independent advice and consider the appropriateness of any Illuvium Token, or Service (such as Staking) having regard to your circumstances, objectives, financial situation and needs, and legal and tax obligations;
Liability Disclaimer: You understand that the Illuvium DAO, and any persons associated with the Illuvium DAO including the Illuvium Council, contributors and service providers deny liability for any loss or damage suffered by you or any person using the Services or making use of any Illuvium Tokens to the maximum extent permitted by law;
It is important that you read this entire document before using any of the Services. In particular, you should consider the risk factors that could affect each particular Illuvium Service and the holding and use of any Illuvium Token.
4. Our Services
General: The following terms and conditions apply to each of our Services (or products as applicable), together with any Supplementary Terms or Game Asset Terms:
Service: Interface - Rules: General Terms
Service: Games - Rules: General Terms
Service: Illuvidex - Rules: General Terms and Illuvidex Rules
Service: Fuel Exchange - Rules: General Terms and Fuel Exchange Rules
Service: Illuvium (first instance) Sales: Game Assets and other Virtual Assets - Rules: General Terms and Illuvium Auction and Sales Rules
Service: Governance - Rules: General Terms and Governance Rules
Service: Staking - Rules: General Terms and Staking Rules
Service: Merchandise Store - Rules: General Terms and Product Rules and Jurisdiction Specific Refund Rules
Service: Marketing and Promotions - Rules: General Terms and Marketing and Promotions Rules (General) and specific rules for a particular promotion.
Restricted Access. We may restrict or refuse, at our sole discretion, the provision of the Services in certain countries or regions. The Services may not be intended for use in your jurisdiction. You are solely responsible for ensuring that your use of the Services complies with Applicable Laws.
Third Party Accounts and Wallets: In order to access certain Services, including to purchase any Game Assets, a user must create an IMX Wallet and connect a compatible digital wallet (e.g. Metamask) to the Services. You agree to the terms of use relating to those third party accounts and wallets.
Minting Game Assets. By minting a Game Asset as an NFT you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any such NFT.
Cross platform transferability/utility: Illuvium does not guarantee that NFT will be transferable to or have any utility in connection with any other platform.
Transacting in Game Assets. Illuvium is not and shall not be a party to any transaction or dispute between any initial minter of a Game Asset (unless we mint the Game Asset) and any subsequent owner of such Game Asset (unless we own the Game Asset), whether arising from any rights granted in that Game Asset or otherwise, unless otherwise set forth in connection with such Game Asset. All Game Asset transactions are programmatically managed and completed on the blockchain and are therefore of public record.
Liability for Game Assets and Items in gameplay. Gameplay may involve you taking certain actions which impact your Game Assets or Items in specific ways, so that you swap, trade, exchange or burn a certain Game Accet for a modified, new or different Game Asset or Item. When you do so, the traits of your new Game Asset or Item, such as status, level or rarity may be different to those of your former Game Asset or Item. Illuvium does not guarantee that traits of former and new Game Assets or Items will have similar or equivalent attributes or value and will have no liability to you in connection with any Game Asset or Item you use or receive in connection with gameplay, including in instances where a former Game Asset or Item is burned, erased, unavailable or unusable. Any action that results in a Game Asset or Item being irrevocably modified, burned or otherwise lost is permanent and irreversible. You acknowledge and agree that Illuvium shall not be liable to you in connection with any Game Asset or Item that is irrevocably modified, burned or otherwise lost as a result of or in connection with your use of the Services.
Equipment. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
Multi-Accounting: By using the Services, you make the representations and warranties in Section 2 as well as the following usage representations and warranties that: a) You are a human being and will only use one Account to earn Game Assets or Items in any 24-hour period; b) You, as the owner of Game Assets or Items, are responsible for the actions of any Scholars that play on your behalf using Game Assets or Items that you own, and that Scholars’ actions can have consequences for any connected Accounts that you own; and c) you will not manipulate, determined at our sole discretion, Illuvium game economics features that otherwise circumvent or undermine our general prohibition against multi-accounting. To clarify, you may use our Services on one Account across multiple devices and you may own multiple Accounts, however, you cannot play using multiple Accounts in any 24-hour period.
5. Illuvium Intellectual Property
Ownership
General: Unless otherwise indicated by Illuvium in writing, the Services and all content and other materials contained therein, including, without limitation, all Game Assets and all characters (including but not limited to character names, character likeness, character emotes, affinities and classes), dialog, story lines and lore, designs (including but not limited to structural or landscape designs), text, graphics (whether still or moving), animations, pictures, information, data, software, sound files (including but not limited to musical compositions and recordings), audiovisual effects, other files, and the selection and arrangement thereof (collectively, the Content), are the proprietary property of Illuvium or our affiliates, licensors, Contributors or users, as applicable. The Illuvium logos and any Illuvium product, service name, logo, slogan, trademark and service mark contained therein (the Marks) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the jurisdictions in which we make the Services available, including the UAE, United States of America and foreign jurisdictions and international conventions. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Illuvium.
DAO: Generally and unless otherwise indicated by us in writing, Contributors to the Illuvium DAO, meaning all Illuvium personnel, employees, contractors and other contributors such as community members excluding Founder Contributors, own their works and associated Intellectual Property that has been developed in the course of their contribution toward the Illuvium DAO and the Services (Contributor IP), and exclusively, perpetually and irrevocably license their Contributor IP to the Illuvium DAO. The Illuvium DAO does not own any Contributor IP and DAO members have no rights to an in specie distribution of Contributor IP or the proceeds from any sale of Contributor IP during the life of the DAO or upon winding up of the DAO.
Founder Content: To the extent that any of the Services and any of the content or other materials contained therein are generated by a Founder Contributor, including without limitation all Games and Game Asset features, including Illuvial characters (including but not limited to character names, character likeness and emotes), any Game and character dialog, story lines and lore, designs (including but not limited to structural or landscape designs), text, graphics (whether still or moving), animations, pictures, information, data, software, sound files (including but not limited to musical compositions and recordings), audiovisual effects, other files, and the selection and arrangement thereof (collectively, the Founder Content), then the Founder Content is the proprietary property of the respective Founder Contributor, and is licensed exclusively to the DAO. The Illuvium DAO does not own any Contributor IP to the extent that it is also Founder Content and DAO members have no rights to an in specie distribution of it, or the proceeds from any sale of it during the life of the DAO or upon winding up of the DAO.
Access to Services: Subject to your ongoing compliance with these Terms of Use and eligibility to use the Services, you are hereby granted a limited, revocable, nonexclusive, non-transferable, non-assignable, non-sublicensable, "as is" right to access and use the Services and Content for your own personal, non-commercial use; provided, however, that (except as and solely to the extent expressly set forth herein) such right does not include any right to (i) sell, resell, or use commercially the Services or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, and (vi) use the Services or Content other than for their intended purposes. We reserve all rights not expressly granted hereunder in and to the Services and all components thereof, including without limitation the Interface, Apps, Media, Content, and the Marks.
Illuvium Game Asset License and Terms
Game Asset License: With respect to any Game Asset sold by Illuvium or allowed for sale through Illuvium’s marketplaces (e.g. the Illuvidex) or Games or any Game Asset sold by Illuvium or allowed for sale through any other intermediary (e.g. the Immutable X marketplace), the terms of this section titled “Illuvium Game Asset License and Terms” shall apply and to the extent that any other terms apply, these terms shall take precedence over any other terms. Illuvium hereby grants you a non-exclusive, limited, revocable, royalty-free, worldwide right and license (with no right to sub-license) to use the artwork, if any, contained within such Game Asset in order to create certain derivative works thereof in digital or tangible form (Fan Art), solely for personal, non-commercial use.
Content and Links: Fan Art shall not include any Marks (including without limitation any Illuvium logo), must be clearly and prominently designated in all manners and mediums as "Illuvium Fan Art", and if displayed in any online format, must link to Interface and directly to the precedent Game Asset. If you are the then-current owner of any Game Asset, you are granted a limited license, subject to these Terms, to create Fan Art from such Game Asset and to use such Fan Art for commercial purposes; provided that: i) your revenue from your Fan Art derived from such Game Asset must not exceed one thousand U.S. Dollars ($1,000), except subject to the execution of a separate commercial license agreement between you and Illuvium or otherwise indicated by us; ii) your Fan Art must not relate to or involve in any way the use or application of Collaboration Game Assets or Items that incorporate the trade marks, logos or other Intellectual Property of an Illuvium Cobranding Partner; iii) your Fan Art must not be used in game applications other than those that Illuvium has expressly endorsed; iv) your Fan Art must not mislead or deceive or be likely to mislead or deceive consumers, or create or result in potential harm to the Illuvium game ecosystem or Illuvium brand, as determined by Illuvium in our sole discretion; and v) your Fan Art must not use or involve the use of any Marks or Content other than the Visual IP that is solely related to your Game Asset.
Your rights to Visual IP: Each Game Asset may embody or include certain artwork owned or created by Illuvium, or its Contributors including Founder Contributors (the Artwork). You acknowledge and agree that Illuvium or our respective licensors (i.e. our Contributors) own all legal right, title and interest in and to the Artwork, and all Intellectual Property Rights therein. Game Assets may also embody or include one or more Marks (collectively with the Artwork embodied by such Game Asset, the Visual IP). The Visual IP is neither stored nor embedded in the Game Assets but is accessible through the Game Assets. ALTHOUGH EACH GAME ASSET ITSELF IS OWNED BY ITS THEN-CURRENT OWNER, THE VISUAL IP EMBODIED THEREIN IS LICENSED, PURSUANT TO THESE GAME ASSET TERMS, AND NOT TRANSFERRED OR SOLD, TO SUCH OWNER. The rights that you have in and to the Visual IP are limited to those expressly set forth in these Game Asset License and Terms. Illuvium and its licensors reserve all rights in and to the Visual IP not expressly granted to you herein. ILLUVIUM PROVIDES EACH GAME ASSET, LICENSES THE VISUAL IP TO THE THEN-CURRENT OWNER OF THE GAME ASSET, AND PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ILLUVIUM EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSE TO CREATE AND DISPLAY THE VISUAL IP EMBODIED BY A GAME ASSET IS AUTOMATICALLY AND ALWAYS TRANSFERRED WITH THE RESPECTIVE GAME ASSET AS PROVIDED IN THESE DIGITAL ASSET AND ITEM TERMS. OTHERWISE, THE LICENSE TO DISPLAY THE VISUAL IP EMBODIED BY EACH GAME ASSET IS NON-TRANSFERABLE. You acknowledge that the license granted to you in these Illuvium Game Asset License and Terms applies only to the extent that you lawfully purchased or acquired a Game Asset and, with respect to any such Game Asset, for so long as you own such Game Asset. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Game Asset for any reason, the license granted in these Illuvium Game Asset License and Terms will immediately terminate with respect to such Game Asset without the requirement of notice, and you will have no further rights in or to the Visual IP embodied by such Game Asset. Furthermore, the license granted in these llluvium Game Asset License and Terms will automatically terminate, with all rights returning to Illuvium or its licensor (as applicable), if: (a) you breach these llluvium Game Asset License and Terms or our Terms of Use, which shall include any unauthorized transfer or acquisition of a Game Asset; or (b) you engage in any unlawful business practice related to Game Assets. In the event that you did not lawfully purchase or acquire a Game Asset, or upon any termination of the license granted in these Illuvium Game Asset License and Terms, Illuvium may disable your access to the Visual IP and/or deny you access to any of our Services and/or any further benefits, services, or goods associated with the Game Asset.
Restrictions: You agree that you will not, nor will you cause or permit any third party to, do or attempt to do, any of the following without our express prior written consent in each case: (i) modify, distort, or perform any other modification to the Visual IP in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Visual IP as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of a Game Asset or Item itself); (iii) use the Visual IP in connection with images, videos, video games or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Visual IP; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual IP; (vi) use the Visual IP in connection with disparaging statements about Illuvium and/or our affiliated companies, or otherwise damage the goodwill, value, or reputation of Illuvium, or represent or imply that your exercise of the licenses granted hereunder is endorsed by us and/or our affiliated companies; (vii) otherwise utilize the Visual IP for your or any third party's commercial benefit (except as otherwise permitted herein (including an authorized offering of the Game Asset or Item itself); viii) attempt to mint, tokenize, or create an additional cryptographic token representing the same or deceptively similar content to the Visual IP, determined by Illuvium in our sole discretion; or (ix) falsify, misrepresent, or conceal the authorship of any content created using the Visual IP. These restrictions will survive the expiration or termination of licenses granted hereunder. Without limiting the foregoing, the license granted by these Terms of Use does not include: (a) the right to use the Visual IP in connection with additional digital assets or items; or (b) the right to create derivative works of the Visual IP (except as otherwise permitted herein). You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Visual IP, or any other representation, name, or mark that may be confusingly similar to any of Illuvium’s intellectual property.
Transfer of Game Assets and Items: As applicable, you may transfer to a third party any Game Asset or Item that you lawfully own to a third party, subject to these Terms. If you transfer any Game Asset or Item, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, the Illuvium Game Asset License and Terms as well as our Terms.
License rights - General:
Limited license applies to the current owner of a Game Asset or Item: You agree and acknowledge that the lawful ownership, possession, and title to a Game Asset or Item is a necessary and sufficient condition precedent to receiving the limited license rights set out herein. Any subsequent transfer, dispossession, burning, or nother relinquishment of a Game Asset or Item will immediately terminate the former owner’s rights and interest in the license as provided by these Terms.
Illuvium Right to modify Game Assets and Items: Certain Game Assets and Items produced by Illuvium are composbile such as Illuvitars and their accessories and incorporate multiple elements or features into a final design which is represented in the form of a static image. Illuvium reserves the right to modify at its sole discretion and at any time and without notice to you the metadata corresponding to your token.
Rights for specific Game Assets and Items:
Collaboration Game Assets and Items: From time-to-time Illuvium collaborates with leading game and web3 brands (Cobranding Partner) to produce limited edition collections of Game Assets and/or Items that bear the registered and/or unregistered trade mark(s) of our Cobranding Partner. Where a Game Asset or Item or collection of same bears the trademarks or other intellectual property of a Cobranding Partner,, that partner may impose additional terms and conditions to the purchase and use of the Collaboration Game Asset or Item. You may not purchase the Collaboration Game Asset or Item unless you agree to abide by these and any additional terms set by the Cobranding Partner. In all circumstances the usage of the Collaboration Game Asset or Item is limited to personal, non-commercial use only.
Land NFTs: Ownership of Land NFTs with Element Sites and/or Fuel Sites (as those terms are defined here) provides the right to generate Elements and/or Fuel, respectively. Rules for Fuel sales and trade are set out in the Fuel Trade Rules.
6. User Accounts
User Account: To access some of our Services you may be required to register for an account (Account). By registering for an Account you agree to monitor the account to restrict any use by minors. You are responsible for all activities that occur under your Account and you accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments (e.g. your digital wallet) or devices by minors. During the registration process, you will be required to provide certain information, including your email address and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You consent to receive electronic communications from us (e.g. via email or other means) regarding notices about your account and other promotional and marketing communications from us or third parties with whom we have shared your contact information. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
Responsibility: You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Account, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
No ownership: You agree that you have no ownership or other property interest in your Account at all and you further agree that all rights in and to the account are always and will be owned by and enure to the benefit of Illuvium.
7. User Content
Responsibility: You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, User Content, including without limitation any User Content embodied by or otherwise made available through the Services.
Acceptable Use and Our Rights: You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy in Section 9 and you alone may be liable if your User Content violates the Acceptable Use Policy or you otherwise breach Applicable Laws (including defamation laws) or the rights of a third party (including IP rights). We reserve the right but do not have any obligation to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Service and/or reporting you to law enforcement authorities.
No endorsement: You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us.
Deletion and Backups: Illuvium is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License: You hereby grant, and you represent and warrant that you have the right to grant, to Illuvium an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, to provide and improve the Services and our other products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Submissions: You acknowledge and agree that Submissions provided by you to us are at your own risk and that we have no obligations, including without limitation obligations of confidentiality, with respect to your Submissions. You hereby grant to us a fully paid, royalty- free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or our business. To the fullest extent permitted by applicable law, you hereby waive any moral rights to any such Submissions that would limit the foregoing license grant, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions and grant the foregoing licenses.
Interactions: Use common sense and caution when interacting with other users, whether that be online or offline. You are solely responsible for your interactions with other users, provided, however, that we reserve the right, but have no obligation, to intercede in any disputes between users. You use all User Content generated by other users and interact with other users at your own risk. You agree that Illuvium will not be responsible for any liability incurred as the result of your interactions with other users.
8. Third Party Websites and Content
Third party sites
Our Services may contain links to websites operated by third parties (Third-Party Websites). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the Third Party Content (including articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other content or items belonging to or originating from third parties) on those linked websites and have no control over or rights in those linked websites. When you click on a link to a Third-Party Website or Third-Party Content, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Content are not under the control of Illuvium and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for: i) any Third-Party Websites accessed through any of our Services; ii) any Third-Party Content posted on, available through, or installed from or through any of our Services; or iii) any advertisements placed on or in any of our Services, iv) any services or products sold through those advertisements; including the content, accuracy or reliability of privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
No Endorsement / No Liability: Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave any of our Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our Terms of Use no longer apply. It is incumbent on you to review the applicable terms and policies of any website to which you navigate from our Services, or relating to any applications you use or install from our Services (including our Games and Interface). Any purchase you make through Third-Party Websites and Apps will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and you hereby waive any claims against Illuvium Parties arising from or related to any Third-Party Content or Third-Party Websites. We do not make any representations or warranties about any Third- Party Content you may encounter during your use of the Service, including any content associated with any Game Assets or Items displayed on the Service, and you bear sole responsibility for verifying the accuracy, legitimacy, authenticity, and legality of these Game Assets or Items that you may purchase from third-party sellers.
9. Acceptable Use Policy
The rights granted to you in these Terms are subject to your compliance with the restrictions set forth in this Section. Any future release, update or other addition to the Services shall be subject to these Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available.
You shall not, and shall not, knowingly or otherwise, authorize, allow or assist any other party to:
use, encourage or promote use of the Services for any purpose that is prohibited by these Terms or is inconsistent with applicable law, rule, or regulation, including but not limited to money laundering, terrorism financing and/or fraudulent activities or immoral activities;
infringe any third party intellectual property rights, including but not limited to removing or destroying any copyright notices or other proprietary markings contained on or in the Services, Game Assets or Items,
defame or libel Illuvium or our representatives or other users, or otherwise disparage, tarnish, or harm or attempt to harm Illuvium and/or any of the Services, as determined by us in our sole discretion;
take any action or make available any content on or through the Services that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane, including without limitation in an attempt to learn sensitive Account information such as user passwords; (ii) constitutes unauthorized or unsolicited advertising, electronic spamming of promotional or marketing material (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing) or junk; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (iv) impersonates any person or entity, including any employee or representative of Illuvium, or uses the username of another user; (v) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms; or (vi) is detrimental to or in violation of our systems or a third party's systems or network security. Without limiting the foregoing, except as expressly stated in our Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
use data collected from the Services to contact individuals, companies, or other persons or entities;
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
upload files that contain viruses that may cause damage to our property (if any) or the property of other individuals;
engage in any attack, hack, denial-of-service attack, interference, or exploit of any of our Services, in particular, any smart contract comprising the Illuvium Protocol notwithstanding that an operation performed by a person that is technically permitted by a smart contract comprising the Illuvium Protocol may nevertheless be a violation of our Terms and/or the law because the operation is not within the intent of the programming and would cause loss or harm to other persons interacting with the relevant smart contract;
participate in our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
develop, utilize, or disseminate any software, or interacting with any API in any manner, that could damage, harm, or impair our Services or the Illuvium Protocol;
circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Services;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools (robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means), except for the allowable purposes we expressly permit further to these Terms.
engage in any behavior or practice that have the intention or the effect of artificially causing any Game Asset or Item to appear in a certain area of our Site or at the top of search results, or artificially increasing view counts, likes, or other metrics that we may use to sort items, collections, or search results;
engage in any practice that aims to manipulate the outcome of any Illuvium game, including engaging in any sort of match-fixing, win-trading, or colluding between competitors that goes against the spirit that all players should play to the best of their abilities, as determined by Illuvium in our sole discretion; or
engage in deceptive or manipulative trading activities, including but not limited to engaging in or knowingly facilitating any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering", “smurfing”, placing misleading Bids or Offers at Auctions, or any other fraudulent, deceptive or manipulative trading practices, as determined by us in our sole discretion;
use the Services, Game Assets or Items in any manner not then-currently permitted by the rules of the applicable game, or as communicated by us through official channels such as Discord, X or other means of communication.
use the Services or Game Assets or Items in any prohibited manner may result in the disqualification and ineligibility of Accounts for rewards, prizes, or other benefits that would otherwise be available to eligible Accounts.
use a buying agent or purchasing agent to make purchases on the Services;
access the Service from a different blockchain address if we have blocked any of your other blockchain addresses or Account(s) from accessing the Service, unless you have our prior written consent;
use or attempt to use another user's Account without authorization from such user; or pose as another person or entity, or use a wallet to engage in a transaction on or through the Service that is owned or controlled, in whole or in part, by any other person;
sell or resell our Services, Game Assets or Items or otherwise attempt to circumvent any of Illuvium’s fee systems;
sell or otherwise transfer or attempt to transfer your Account;
use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted hereunder;
make improper use of our support services or submit false reports of abuse or misconduct;
use the Services to create, sell, or buy Game Assets or Items that give owners the right to participate in an initial coin offering (ICO) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
use any metatags or other "hidden text" using Illuvium’s Marks;
frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Illuvium.
10. Fees and Payments
Services: Interface Access - Fees and Payments: NA
Services: Game - Overworld - Fees and Payments: Free download. Specific in-game actions attract fees - e.g., travel, forging items. Fees for in-game actions are indicated at the point of purchase in-game and denominated in Fuel.
Services: Game - Zero - Fees and Payments: Free to download, in-game purchase of Coin Packs only. All purchases are made through Google Play and Apple App Store payment services.
Services: Game - Arena - Fees and Payments: Free to download. Gameplay does not attract fees, however, you can buy Cosmetics (e.g., battleboards, skins, emotes from the Illuvidex or elsewhere).
Services: Game - Beyond - Fees and Payments: Purchase of DISKs from Illuvium at first instance, using ETH or USD. Prices are indicated at the point of purchase. All P2P purchases are made on the Illuvidex. See Illuvidex for details.
Services: Illuvidex - secondary sales - P2P Transactions - Fees and Payments: Illuvidex is a marketplace for secondary sales P2P, where Game Assets that are NFTs only may be traded. Commission charged on each P2P trade - 5% of asset purchase price. Paid by Purchaser.
Services: Fuel Exchange - Fees and Payments: Fuel is purchased on the Fuel Exchange. All game customers can purchase Fuel using either sILV2 or Eth or USD using a Moonpay integration within IMX Wallet. Only Land NFT owners may list their Fuel for sale. Fuel purchases are made with Illuvium, including where Fuel is sold on Exchange by a Landowner. No Commission. No Gas Fee.
Services: Illuvium Sales - Land NFTs - Fees and Payments: Purchases of Land NFTs from Illuvium at first instance are made on the Illuvidex. No Commission. No Gas Fee.
Services: Illuvium Sales - Merchandise - Fees and Payments: Sales of physical merchandise made in ETH or USD and item price indicated at the point of purchase. No Commission. No Gas Fee.
Services: Illuvium Sales - ILV/sILV2 - Fees and Payments: ILV/sILV2 is publicly traded on CEXs and DEXs and fees associated with such trading are charged by those trading venues. From time to time Illuvium may offer ILV for sale directly by the DAO. Fees associated with such sales are disclosed as part of those discreet sales events.
Services: Governance - Fees and Payments: NA
Services: Staking - Fees and Payments: No fees paid to stake. Gas paid to unstake.
Prices As Indicated: All pricing and payment terms for our Services and digital or physical products, including Illuvium Tokens and Game Assets are as indicated at point of sale or otherwise on the Services, and any payment obligations you incur are binding at the time of purchase.
No Substitution: You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase.
Currency Fluctuation: For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular currency or cryptocurrency is accepted as a payment method by Illuvium is subject to change at any time in our sole discretion.
Terms of Sale bind subsequent purchasers / Secondary Sale Fees: When you purchase our Services, or digital or physical products, including Game Assets, you agree that you have read, understand, and agree to be bound by any terms applicable to the sale of that specific product or service, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the platform, blockchain or marketplace that facilitates a Secondary Sale). Secondary Sale Fees apply to certain Game Assets and you further agree that you will bind any subsequent purchaser of those Game Assets to such Game Asset Terms.
Processing and other Fees: Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services will be performed by our third-party service providers, including third-party dApp providers such as Metamask and IMX Wallet (each, a Third-Party Service Provider). Your use of the Services and the payment processing and related services provided by a Third-Party Service Provider is subject to your agreement(s) with such Third-Party Service Provider for such Services and payment processing and related services, as may be modified by the Third-Party Service Provider from time to time in their Supplementary Terms. As a condition of using the Third-Party Service Provider's payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the Third-Party Service Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the Third-Party Service Provider's payment processing and related services is conditioned upon your compliance with their terms (herein Supplementary Terms), and if your agreement with the Third-Party is terminated by the Third-Party Service Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the Third-Party Service Provider's payment processing and related services and cannot reverse or refund any transactions.
Gas Fees: A Gas Fee is a fee, paid in ETH, for a transaction to be processed on the Ethereum blockchain, which is paid to the Ethereum network and not paid to or determined by Illuvium. You may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable blockchain, and we shall have no liability to you in connection with the same.
Illuvidex: At the time of writing we note that all transactions that occur through Immutable X’s Illuvidex are gasless, but this does not guarantee that transaction fees, or gas fees may not be charged in the future.
Fuel Exchange: Transactions that occur on the Fuel Exchange do not presently require the payment of a Gas Fee.
Commission: In addition to the Gas Fee, each time you conduct a transaction using a Smart Contract, including a transaction via the Illuvidex or other third party exchange on which Game Assets may be traded, you authorize us to collect a trade fee based on the total value of that transaction (each, a "Commission") as expressed in that Smart Contract. You acknowledge and agree that the Commission will be transferred directly to us through the blockchain as a part of the applicable transaction.
Sales Tax: Please refer to the section “Tax”.
11. Termination
You can terminate our Services and do so by (a) notifying us at any time; or (b) closing your Account (as applicable to the relevant Service); provided, however, that notwithstanding any such termination and for the avoidance of doubt, these Terms of Use will continue to apply with respect to any Illuvium Token owned by you and all of your User Content. These Terms of Use remain in full force and effect while you use any of our Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, or from otherwise using any of our Services, even if you are acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as specified in these terms (see the section titled “Disputes”). You understand that any termination of your right to access and use the Services, including access to your Account, may involve deletion of your User Content associated with your use of the Services from our live databases as well as limitation or inability to access any Illuvium Tokens including Game Assets that you may have purchased or acquired. Illuvium and the Illuvium Parties will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your right to access and use the Services, deletion of your User Content, or limitation or inability to access Illuvium Tokens, including Game Assets in your Account. All sections intended by their nature to survive will survive the termination of this Agreement.
12. Investigations
If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of our investigation we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your User Content, in Illuvium or Illuvium Parties’ possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms of Use, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Illuvium or any of the Illuvium Parties, Illuvium’s users, or the public, and all law enforcement or other government officials, as we, in our sole discretion believe to be necessary or appropriate. By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.
13. Privacy
Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.
14. Disclaimer
WE ASK THAT YOU PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS ILLUVIUM’S LIABILITY TO YOU.
BY ACCESSING ANY OUR SERVICES YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING OUR SERVICES, AND THE DIGITAL AND PHYSICAL PRODUCTS AND SERVICES WE MAKE AVAILABLE TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ILLUVIUM PARTIES (HEREIN “WE”) MAKES NO EXPRESS WARRANTIES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, OUR INTERFACE, APPS, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL WRITTEN, OR OBTAINED FROM US OR THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, IMMUTABLE L2 OR ANY OTHER NETWORKS YOU INTERACT WITH, OR THROUGH WHICH OUR SERVICES OR DIGITAL PRODUCTS ARE MADE AVAILABLE THROUGH, INCLUDING THE METAMASK ELECTRONIC WALLET, IMX WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, SUCH AFORESAID LOSSES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK.
ILLUVIUM TOKENS AND GAME ASSETS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM NETWORK AND IMMUTABLE L2 (OR ANY OTHER NETWORK OR L2 OUR ASSETS HAVE REPRESENTATION ON). ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE CORRESPONDING NETWORK(S). ILLUVIUM PARTIES HAVE NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. ILLUVIUM PARTIES ARE NOT RESPONSIBLE FOR LOSSES DUE TO VULNERABILITY OR ANY KIND OF FAILURE OF BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ABNORMAL BEHAVIOR OF SOFTWARE, VULNERABILITIES OF ANY KIND, ANY KIND OF FAILURE, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF ANY SORT, INCLUDING OF ANY OF YOUR FUNDS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES AND THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ILLUVIUM’S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT THE ILLUVIUM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ILLUVIUM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WHETHER ONLINE OR OFFLINE WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT THE ILLUVIUM PARTIES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. ILLUVIUM PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. ILLUVIUM MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE ILLUVIUM PARTIES ARE NOT RESPONSIBLE FOR AND DOES NOT TRANSFER LEGAL OWNERSHIP OF DIGITAL ASSETS OR ITEMS FROM SELLERS TO BUYERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY ILLUVIUM TOKEN PURCHASED FROM A SELLER.
DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF ILLUVIUM IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO GAME ASSETS.
WARRANTY DISCLAIMER: WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE ILLUVIUM PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ILLUVIUM PARTIES MAKE NO CLAIM, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY:
i) FOR YOUR USE OF OUR SERVICES (OR ANY ONE OF THEM, OR ANY PART OF THEM);
ii) FOR THE INFORMATION, PRODUCTS, AND/OR MATERIALS CONTAINED ON OR ACCESSED VIA OUR SERVICES, INCLUDING IN PARTICULAR ILLUVIUM TOKENS AND SMART CONTRACTS;
iii) AS A RESULT OF THE INACCESSIBILITY OF OUR SERVICES (OR ANY ONE, OR PART OF THEM) AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON/WITHIN OUR SERVICES ARE INCORRECT, INCOMPLETE, INSECURE, UNSTABLE, UNRELIABLE OR NOT UP-TO-DATE;
iv) FOR PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND ANYTHING ELSE PROVIDED BY A THIRD PARTY (INCLUDING BUT NOT LIMITED TO THIRD PARTY SOFTWARE) THAT IS ACCESSIBLE TO YOU THROUGH OUR SERVICES;
v) FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES (INCLUDING MALICIOUS ACTORS THAT MAY EXPLOIT ANY PART OF THE ILLUVIUM SERVICES), OR YOUR TRANSACTIONS OR ANY OTHER INTERACTION WITH ANY SUCH THIRD PARTIES OR THIRD-PARTY SOFTWARE;
vi) FOR THE QUALITY OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICE. ;
vii) FOR ANY SMART CONTRACT OR RELATED FAILURES, RISKS, OR UNCERTAINTIES ASSOCIATED WITH THE ETHEREUM BLOCKCHAIN SUCH AS FORKS, TECHNICAL NODE ISSUES, REPUDIATED TRANSACTIONS, MIGRATIONS AND UPDATES OR ANY OTHER ISSUES CAUSING LOSSES;
viii) FOR USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SEED PHRASES AND YOUR STANDARDS OF PERSONAL SECURITY THAT MEAN YOU LOSE CONTROL OF YOUR TOKEN WALLET AND/OR THE TOKENS OR DIGITAL ASSETS DISPLAYED THEREIN,
AND YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.
NO CONSEQUENTIAL LOSS: WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ILLUVIUM AND THE ILLUVIUM PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS AND ANY OTHER FORM OF ECONOMIC LOSS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE INTERFACE OR ANY OF THE ILLUVIUM ACTIVITIES OR ILLUVIUM TOKENS.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON 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 THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
REMEDIES: YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES AND THE DIGITAL AND PHYSICAL PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM, INCLUDING BUT NOT LIMITED TO THE ILLUVIUM TOKENS IS TO CEASE USE.
INVIOLABLE STATUTORY REMEDIES: SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. TO THE EXTENT THAT ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, ILLUVIUM’S AND ILLUVIUM PARTIES’ LIABILITY FOR DAMAGED UNDER THESE TERMS SHALL IN ALL CASES BE LIMITED TO, AND UNDER NO CIRCUMSTANCES SHALL EXCEED:
i) IN THE CASE OF ILV OR SILV2 TOKEN PURCHASES AT FIRST INSTANCE: THE NUMBER OF TOKENS AT ISSUE OR THE RELEVANT FIAT OR DIGITAL CURRENCY EQUIVALENT OF THE NUMBER OF TOKENS AT ISSUE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ILLUVIUM (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR DIGITAL OR FIAT CURRENCY, AS APPLICABLE);
ii) IN THE CASE OF ILLUVIUM TOKEN PURCHASES AT FIRST INSTANCE - GAME TOKENS: THE RELEVANT FIAT OR DIGITAL CURRENCY PRICE PAID FOR THE GAME TOKEN AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ILLUVIUM (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR FIAT OR DIGITAL CURRENCY, AS APPLICABLE);
iii) IN THE CASE OF PHYSICAL GOODS: THE RELEVANT PRICE DENOMINATED IN FIAT CURRENCY OR UNITS OF CRYPTO-TOKENS PAID FOR THE GOODS AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ILLUVIUM (AS CONVERTED INTO THE RELEVANT FIAT CURRENCY OR CRYPTO-TOKEN UNITS, AS APPLICABLE).
iv) IN THE CASE OF ALL OTHER ILLUVIUM ACTIVITIES: ONE HUNDRED DOLLARS (USD).
THE RELEVANT TIME JUNCTURE FOR DETERMINING THE CONVERSION RATE FOR THE CAPPED QUANTUM OF RECOVERY AVAILABLE TO YOU UNDER THIS CLAUSE IS AT THE TIME OF PURCHASE.
16. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ILLUVIUM DAO, ITS MEMBERS, CONTRIBUTORS, DELEGATE ENTITIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, CONTRIBUTORS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE “ILLUVIUM PARTIES”) FROM AND AGAINST ALL ACTUAL OR ALLEGED THIRD PARTY CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) AND COSTS (INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT, AND COSTS OF OR ASSOCIATED WITH PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR YOUR USE OF THE SERVICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSE BY, ARISE OUT OF OR ARE RELATED TO (A) YOUR USE OR MISUSE OF THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY OR THROUGH THEM INCLUDING ANY ILLUVIUM TOKEN (B) YOUR VIOLATION OF THESE TERMS OF USE, (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANOTHER USER. YOU AGREE TO PROMPTLY NOTIFY ILLUVIU OF ANY THIRD PARTY CLAIMS AND COOPERATE WITH THE ILLUVIUM PARTIES IN DEFENDING SUCH CLAIMS. YOU FURTHER AGREE THAT THE ILLUVIUM PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ILLUVIUM.
17. Release
You hereby release and forever discharge Illuvium and the Illuvium Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users). IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
18. Tax
Overview: The tax treatment of token activities can vary depending on your country of tax residence and nature of activities. You alone are solely responsible for ensuring you are compliant with the tax laws relevant to your ownership, purchase and use (including subsequent trade) in Illuvium Tokens and for keeping your own records that are sufficient for you to determine the tax treatment of your activities in relation to your use of our Services and our products, including your purchase, sale and use the Illuvium Tokens and in particular, our Game Assets.
Liability: You alone are solely responsible for and will pay all fees and applicable taxes incurred by you in connection with your use of our Services and our products, including your purchase, sale or use of Illuvium Tokens and in particular, our
Sales Tax: Your purchase or sale of Illuvium Tokens including the Game Assets or other digital or physical goods may be subject to VAT, GST or any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax or other similar or equivalent tax, as applicable (Sales Tax). If Illuvium determines that it has a legal obligation to collect any Sales Tax (including, without limitation, any taxes that may become payable as the result of your purchase or sale of any of your Game Assets) from you in connection with these Terms, we shall collect such Sales Tax directly or through our delegate entity. If any of our Services or products, or payments for any Services or products are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
All prices quoted by Illuvium for our sales or auctions (where we are the first instance seller) are treated as inclusive of any applicable VAT or other equivalent or similar tax to the extent any such tax is applicable.
Users who conduct sales (i.e. P2P sales) on the Illuvidex or Fuel Exchange will be responsible for specifying whether the prices they have quoted are inclusive or exclusive of any applicable VAT or other equivalent or similar tax, as well as assessing and administering any tax obligations applicable to those sales.
19. Governing Law
These Terms of Use and your use of our Services are governed by and constructed in accordance with the laws of England and Wales, as applicable to agreements made and to be entirely performed in the jurisdiction in which Illuvium’s delegate entity is responsible for your access to our Services, without regard to its conflicts of law principles.
20. Disputes
Informal Negotiations. Any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or Illuvium (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating an arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You can write to us at support@illuvium.io.
Binding Arbitration: Any Dispute, including any question regarding the existence, validity or termination of these Terms and our agreement formed with you, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Dubai, United Arab Emirates. The Tribunal shall consist of 3 arbitrator(s). The language of the arbitration shall be English.
Nothing in this clause shall affect the statutory rights you have as a consumer, under the consumer law relevant and applicable to you.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY AS THEY MAY SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT.
Waiver of class or consolidated actions: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.
Limitation on time to file claims: Except where we may not lawfully impose a bar to action, any cause of action or claim you may have arising out of or relating to these Terms, your use of our Services or the Illuvium Tokens MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR OTHERWISE SUCH CAUSE OR ACTION OR CLAIM IS PERMANENTLY BARRED.
Any changes to the dispute resolution provisions in the course of updating these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website
Exceptions to the Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Each Party agrees that, if any portion of this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction located in Dubai, United Arab Emirates, or a jurisdiction of Illuvium’s sole determination.
21. Miscellaneous
Communications and Notice Requirements:
Notice and Communications: For contractual purposes, you consent to receive communications from Illuvium in an electronic form (e.g. via email, Discord, or by posting notices or push notifications to the Services) and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Illuvium provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. The foregoing does not affect your statutory rights, which may include without limitation the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign") or any comparable law or rule of your jurisdiction.
Updates: We periodically update or modify our Terms of Use and do so at our sole discretion, therefore we strongly encourage you to review these Terms and any updates. We will notify you of updates by publishing updated Terms, which will take effect immediately unless otherwise indicated. By continuing to use the Services after any update, you confirm your acceptance of the revised Terms. If you do not agree and accept revised Terms, then you are expressly prohibited from using the Services and must discontinue their use.
Priority: Rules may supplement or amend these Terms of Use and are found as Annexures to this document, or are expressly identified as such in other Illuvium Media or communications. Rules will take precedence over Terms and become part of your agreement with us if you use our Services. Terms, Rules and Policies are referred to herein as “Terms” and “Terms of Use”. To the extent that any statement in these Terms is inconsistent with statements made on the Illuvium Interface, Discord, Twitter or any other media channel, or any inconsistency between these Terms and your understanding of, or the performance of any Illuvium smart contracts, the statements in these Terms prevail. In the event of any inconsistency, these Terms must be interpreted in accordance with the following order of priority: Rules (whether in Annexures to these General Terms, or expressly identified as Rules in other Illuvium Media or communications), then these General Terms, then any Policies on the Interface, then any other documents or information incorporated by reference to these Terms.
Entire Agreement: These Terms of Use and any Rules, policies or other documents posted by us on the Services, or with respect to the Services, constitute the entire agreement and understanding between you and Illuvium.
Severability: Each provision of these Terms is individually severable. If a clause or part of a clause of these Terms can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
No Waiver of Rights: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
Assignment: These Terms of Use operate to the fullest extent permissible by law. You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations to others at any time.
Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
No implied relationship: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services.
Contra Preferentum: You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
No Third Party Rights: Except as otherwise set forth herein, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
English Accepted Language: All communications and notices made or given pursuant to these Terms must be made in the English language. If we provide a translation of the English language version of these Terms, the English language version of the Agreement will control if there is any conflict.
Export Laws: You agree that you will not export or re-export, directly or indirectly, the Service, and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, our Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using our Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
Interpretation: In the interpretation of these Terms, unless the context otherwise requires:
Headings are convenience only and do not affect the interpretation of this Agreement.
If the day on which any act, matter or thing is to be done under these Terms is not a business day, the act, matter or thing must be done on the next business day.
A reference in these Terms to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
A reference to a clause, part, paragraph, schedule, attachment or the like is a reference to such in these Terms.
An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.
Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.
A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.
References to the word 'include' or 'including' are to be construed without limitation.
Definitions
Acceptable Use Policy is set out at Section 9 of our General Terms;
Account means User Accounts and is defined at Section 6 of our General Terms;
Application or App means Illuvium’s game applications, including website applications and mobile applications;
Applicable Laws means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other decision, requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
Artwork is defined at Section 5 of our General Terms;
Claim is defined at Section 16 of our General Terms;
Cobranding Partner is defined at Section 5 of our General Terms;
Collaboration Game Asset or Item is defined at Section 5 of our General Terms;
Content is defined at Section 5 of our General Terms;
Contributors to the Illuvium DAO is defined at Section 5 of our General Terms;
Contributor IP is defined at Section 5 of our General Terms;
Dispute is defined at Section 20 of our General Terms;
Element Sites are a feature of specific Land Plot NFTs, contribute to their value and are used to construct Structures in Zero and power activities like extracting Fuel;
Fan Art is defined at Section 5 of our General Terms;
Fees, Payments and Commissions are charged by us for accessing and use of one or more of our Services and are set out at Section 10 of our General Terms;
Founder Content is defined at Section 5 of our General Terms;
Founder Contributor means the Warwick brothers;
Fuel Exchange means the platform on which Fuel may be traded;
Fuel Sites are a feature of specific Land Plot NFTs and contribute to their value. Fuel is used for constructing advanced structures in Zero;
Game Assets means Illuvium’s digital assets used within and across the Illuvium Games in gameplay. A description of the main Illuvium Game Assets and at a high level, how they are acquired and used follows:
Illuvial - Description: Creatures caught in Overworld and battled in Arena - Token Standard: ERC721 - Earned Through: Gameplay, Overworld - Used in: Overworld, Arena - Tradable (P2P): Yes - Illuvidex and elsewhere e.g. IMX Marketplace - Sales (by Illuvium): No
Land - Description: Land plots acquired by Rangers for use in Zero where each land plot is developed and managed to produce Fuel - Token Standard: ERC721 - Earned Through: N/A - Used in: Zero - Tradable (P2P): Yes - Illuvidex and elsewhere e.g. IMX Marketplace - Sales (by Illuvium): Yes - sold at first instance by Illuvium at auction.
D1SK, Illuvitar, Accessory - Description: D1SK NFTs containing randomized and undisclosed content at time of purchase, unlocked and containing Illuvitar NFTs and corresponding accessories that can be bonded to the Illuvitar - Token Standard: ERC721 - Earned Through: N/A - Used in: Beyond - Tradable (P2P): Yes - Illuvidex and elsewhere e.g. IMX Marketplace - Sales (by Illuvium): Yes - D1SKs sold at first instance by Illuvium.
Fuel - Description: The in-game, closed loop currency of Overworld. Three types: Hyperion, Crypton, and Solon - Token Standard: ERC20 - Earned Through: Gameplay, Zero - Used in: Overworld, Zero - Tradable (P2P): Yes - Fuel Exchange. Fuel may also be traded for Eth but only by Land NFT owners. - Sales (by Illuvium): Yes/No
Crafting, Cosmetics, and Armoment consumables - Description: In-game consumable items with blockchain representation. There are several main categories. E.g. Ingots, Gemstones, Shard, and Essences. - Token Standard: ERC721 - Earned Through: Gameplay, Overworld - Used in: Overworld, Arena - Tradable (P2P): Yes - Illuvidex and elsewhere e.g. IMX Marketplace - Sales (by Illuvium): Crafting - No, Cosmetics - Yes, Armoment - No
Game Asset Terms means any terms we impose on the purchase, sale or use of specific Game Assets, with such terms displayed at point or sale or otherwise within the Services;
Gas Fees is defined at Section 10 of our General Terms;
ICCP means Illuvium Configuration Change Proposals (ICCPs);
IIP means llluvium Improvement Proposal and is the mechanism by which changes to Illuvium’s Services are made, further to the DAO’s prevailing model of governance. IIPs may be found here;
Illuvidex is the marketplace where users can offer to sell, and sell certain Game Assets to, and offer to buy and buy certain Game Assets from, other users.
Illuvium / We / Our / Us means the llluvium DAO or our nominated delegate entity or entities, as the context requires;
Illuvium Discord means the official Illuvium Discord here;
Illuvium Games means all game titles produced by Illuvium, including Overworld, Zero, Arena and Beyond;
Illuvium Game Asset License and Terms means the license and corresponding terms set out at Section 5 of our General Terms;
Illuvium Main Council is the principal governing body of the Illuvium DAO, elected by the Illuvium community each epoch, and operates further to the DAO’s prevailing model of governance;
Illuvium Merchandise means Illuvium official merch sold here;
Illuvium Parties is defined at Section 16 of our General Terms;
Illuvium Tokens means Illuvium’s various Game Assets and Items and other digital assets that are not used in gameplay, i.e ILV and sILV2;
ILV means the governance token of the Illuvium DAO, ticker ILV. It comprises voting power in the protocol to constitute the Illuvium DAO. ILV token ownership determines the Illuvium game ecosystem and its operation;
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:
inventions, discoveries and novel designs;
literary works, dramatic works, musical works, artistic works, films, broadcasts and any other works or subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may in the future, subsist;
confidential information, trade secrets and know-how;
registered and unregistered trade marks and service marks; and
internet domain names.
Interface means the web domain https://illuvium.io/ and subdomains;
Items mean the following non-digital asset in game items used in gameplay;
Description: Ore, Plants, Morphopods, and other consumables - In game items that do not have blockchain representation that are earned and expended in gameplay Token Standard: No Blockchain Representation Earned Through: Gameplay, Overworld Used in: Overworld Tradable (P2P): No
Landowners own Land Plots;
Marks is defined at Section 5 of our General Terms;
Media means media forms, including Discord channels and other platforms we use for Illuvium community engagement;
Model of Governance is the set of operating principals established by the Illuvium DAO further to which it is governed, and is articulated in the prevailing model of governance at the time. Presently published here and here;
Person to Person Transactions or P2P Transactions is defined at Annexure 1 of our General Terms;
Privacy Policy means our Privacy Policy published here;
Prohibited Jurisdictions and Individuals means you are not from or accessing any of our Services from countries or territories, nor are you an entity or individual included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list or the Office of Foreign Assets Control of the U.S. Department of the Treasury list as provided at http://www.treas.gov/ofac), or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list, or a person or entity included in the denied persons or entity list of the U.S. Department of Commerce;
Proposals mean Illuvium Configuration Change Proposals (ICCPs) and Illuvium Improvement Proposals (IIPs) that propose modifications to the Illuvium ecosystem, including all the Services made available to you further to these Terms;
Ranger means Illuvium Game players;
Revenue Distribution means ILV rewards distributed from Illuvium's Vault to participants in the Staking Programs;
Rules comprise our Terms of Use and provide service, product or context specific terms to supplement our General Terms and include:
Illuvidex Marketplace Rules;
Illuvium Auction and Sales Rules;
Staking Rules;
Fuel Trade Rules;
Governance Rules;
Product Rules;
Jurisdiction Specific Refund Rules; and
Marketing and Promotions Rules;
Sales Tax is defined at Section 18 of our General Terms;
Scholars means an individual that plays our games on your behalf using Game Assets or Items that you own;
Secondary Sale means any second or subsequent sale of a Game Asset by or between users, whether the sale occurs on or through the Service or otherwise;
Secondary Sale Fee means a fee imposed by us in relation to a Secondary Sale;
Services are those activities set out in Section 1 of our General Terms;
sILV2 is Illuvium’s rewards token (replacing sILV) and in certain instances can be claimed as the alternative currency in which an incentive otherwise paid in ILV is paid, prior to the ILV claiming period. sILV2 has limited utility and can be applied to specific purchases only, specified at point of sale;
Smart Contracts (collectively the Illuvium Protocol) means our self-executing distributed applications running on one or more blockchains comprising one or more or a component of the Services made available by us for you to either interact directly with, or through our Interface or Apps;
Submission means Your questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services provided to us, in whatever format;
Staking Programs means Illuvium’s ILV ILV/ETH LP and ILV staking programs, available here and here;
Staking Risk Disclosure Statement means the disclosure statement at Annexure 4 of our General Terms;
Supplementary Terms means supplementary terms and conditions with service providers including Third-Party Service Providers through which our services are provided (such as Apple’s App Store, or Epic Games) which you agree to, as if those terms were incorporated into our Terms of Use;
Terms of Use or Terms means this document and any updates or revisions to it, terms of which apply in general to all your engagements with any one or more or component of our Services, irrespective of whether you access some or all of those Services through direct interaction with Illuvium’s smart contracts, through the Interface, Apps, or through an intermediary storefronts such as Epic Games, Google Play or Apple App Store;
Third Party Websites are websites operated by third parties which our Services may link to;
Third Party Content is content accessible by Third Party Websites;
User Content means any information and content that a user submits to, or uses with, any or the Services or any of Illuvium’s profiles on other properties (e.g. Discord);
Vault is a segmented holding smart contract to receive in-game, Illuvidex and other ecosystem fees for later distribution to staked ILV token holders, to defray the costs of participation in the Illuvium ecosystem;
Visual IP is defined at Section 5 of our General Terms;
Whales means one or more individuals may directly or indirectly control significant portions of the total supply of any particular Illuvium Token;
You / Your / Yourself / User means you or any of your affiliates, or any other person having a beneficial interest in you, or any person for whom you are acting as agent or nominee in connection with your use of our Services;
ANNEXURE 1 - Illuvidex Rules
Certain Game Assets (specifically those Illuvium NFTs with token standard 721 and not Fuel or ILV for example) are made available for sale for the first time (i.e. at first instance) through sales or auctions on the Illuvidex. The Illuvidex is also a marketplace where users can also offer to sell, and sell certain Game Assets to, and offer to buy and buy certain Game Assets from, other users (P2P Transactions). The Illuvium Auction and Sales Rules apply to sales or auctions at first instance where Illuvium is the seller. The Illuvidex Marketplace Rules apply to secondary sales / P2P Transactions between Buyers and Sellers.
Illuvidex Marketplace Rules
Illuvium Marketplace Rules apply to P2P Transactions / Secondary Sales of Game Assets on the Illuvidex.
Illuvidex: The Illuvidex is an interface for a protocol-level gas free marketplace offered, maintained, administered and controlled by https://www.immutable.com/. The Illuvidex facilitates P2P Transactions, allowing Sellers to offer to sell and sell certain Game Assets (specifically only those with ERC721 token standard) to Buyers, and for Buyers to offer to purchase and to purchase said Game Assets from Sellers. We may, in our sole discretion, limit the use of the Illuvidex to the listing and sale of certain Game Assets or collections of Game Assets.
Contract with Seller, not Illuvium: Secondary sales and P2P transactions are not with Illuvium. “Sellers” are individuals who list Game Assets for sale on the Illuvidex and sell said assets. “Buyers” are individuals offering to purchase and purchasing Game Assets for sale on the Illuvidex with the lawful ability to sign transactions through their MetaMask/IMX wallets and include Buyers who purchase a Game Asset from another Buyer after first instance purchase of that asset (Subsequent Buyers). All Game Assets made available through the Illuvidex are furnished by or on behalf of Sellers in connection with such sales. We shall not be a party to or have any responsibility or liability for, arising out of, relating to, associated with or resulting from any disputes between you and any Buyer or Seller of Game Assets in respect of the use, misuse, provision or failure to provide any Game Assets advertised or sold by Sellers, including the quality, safety, timing, legality, integrity, responsibility or any actions of any users. While we may, in our sole discretion, assist the resolution of Disputes, we have no control over the ability of Sellers to sell or receive compensation for Game Assets, the ability of Buyers to purchase or pay for Game Assets, or that a Buyer and Seller will complete a transaction. You bear full responsibility for verifying the legitimacy and authenticity of Game Assets you purchase. Illuvium is not a digital wallet provider, custodian, broker, dealer, financial institution, exchange, payment processor, money services business or creditor.
Pricing / Payment: Pricing and payment terms for Game Assets sold on the Marketplace, including specific details relating to the offering of any Game Asset are specified at the point of sale.
Third Party Terms: All Illuvidex transactions are facilitated by MetaMask and IMX which are third-party electronic wallet extensions (Third-party Extension). Additionally IMX may use a third-party payment processor for its related services, and you understand and agree that by using or accessing the Illuvidex, you also acknowledge and agree that you have read, understood and agree to any and all of the terms and conditions of service of third parties relied upon to bring you this service. ALL CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE ILLUVIDEX AND ALL FUNDS PLACED IN YOUR IMX WALLET ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY SET FORTH IN OUR TERMS OR AS REQUIRED BY APPLICABLE LAW.
Subsequent Sale: A user who has purchased a Game Asset on the Illuvidex may be able to resell that Game Asset on the Illuvidex or on a third-party marketplace such as IMX Marketplace subject to these Terms of Use and any Supplementary Terms.
Information for Sellers. We reserve the right to require you to provide additional information and documents disclosing your identity for compliance purposes. Failure to provide such information upon request, as well as any other violation of our Terms of Use may result in your removal from the Services and/or a termination of your ability to sell, purchase or use Game Assets via the Illuvidex.
Availability: The mere appearance of a listing does not guarantee that the listed item is available.
Illuvium Auction and Sales Rules
Illuvium Auction and Sales Rules apply to any Game Asset made available for sale at first instance by Illuvium and apply to sales whether made by sale for fixed price or by auction. Sales are for a fixed price and auctions have a price and distribution dynamic specific to the auction style. Illuvium sets terms of sale specific to each sale or auction event at the time of that event. Notwithstanding, our General Terms and the following Rules apply to all auction or sales transactions.
Pricing / Payment: Pricing and payment terms for Game Assets sold on the Illuvidex at first instance by Sale, including the Set Price (i.e. the fixed purchase price) and specific details relating to the offering of any Game Asset are specified at the point of sale. Auction Purchase Price and payment terms are specified below, and additional terms may be specified for each Auction immediately before and during the course of each Auction.
Payment Forms: Acceptable forms of payment (such as ETH or sILV2) may be changed at any time at our sole discretion, and we reserve the right to decline orders and refuse payment at any time and for any reason.
Third Party Terms: All Illuvidex transactions are facilitated by MetaMask and IMX which are third-party electronic wallet extensions (Third-party Extension). Additionally IMX may use a third-party payment processor for its related services, and you understand and agree that by using or accessing the Illuvidex, you also acknowledge and agree that you have read, understood and agree to any and all of the terms and conditions of service of third parties relied upon to bring you this service. ALL CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE ILLUVIDEX AND ALL FUNDS PLACED IN YOUR IMX WALLET ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY SET FORTH IN OUR TERMS OR AS REQUIRED BY APPLICABLE LAW.
Item Availability. We may in our sole discretion limit the use of the Illuvidex to the listing and sale of certain Game Assets only. The mere appearance of a listing does not guarantee that the listed item is available.
Offer and Acceptance of Sales. Your order through the Illuvidex, whether by Sale for fixed price or Auction at a price determined in the course of the Auction, is an offer to us to agree on the delivery of the ordered Game Asset in exchange for the listed price. When you place an order on the Illuvidex, we will send you a notification confirming receipt of your order and containing the details of your order (Order Confirmation). The Order Confirmation is acknowledgement that we have received your order but is not an acceptance of your offer to enter into an agreement. If we accept your offer, we will conclude the transaction for a Game Asset you have ordered when we transfer the Game Asset to you. You hereby consent to receiving any and all sales invoices electronically.
Auctions: The following terms apply to Auctions of Game Assets at first instance on the Illuvidex:
In all Auctions: Participants (defined below) can submit Bids in multiple Auctions across the Interface up to the Participant’s ETH or sILV2 balance at their Ethereum public address. Auction Window, Opening Time, Closing Time and other parameters for an Auction may be varied by us at our sole discretion, in which case they will be published at and/or immediately before the Auction on our Interface. An Auction Participant includes a person with the lawful ability to sign transactions through their wallet that they connect to our Interface to submit a Bid in an Auction in accordance with our Terms of Service, including these Rules, and includes actors seeking to influence the result of the Auction.
Bids: Bids are a Participant’s legally binding, non-revocable offer to Illuvium to purchase a Game Asset and can only be made for the duration of the Auction (Auction Window) if you hold ETH or sILV2 at your Ethereum public address. Your Bid is an offer to purchase the Game Asset at the price indicated in the course of the Auction.
In English Auctions: Each Participant submits a Bid and may submit a subsequent, higher Bid which cancels the Participant’s existing Bid within the Auction Window. Participants can only submit one Bid per English Auction at a time. Participants that do not maintain a sufficient ETH or sILV2 balance at their Ethereum public address for the duration of the Auction may have their Bid canceled during the Auction. Each time a Bid is submitted, the end time for the Auction (Closing Time) extends by five (5) minutes. Each Successful Bidder receives the Game Asset that is the subject of their Bid once Illuvium confirms sufficient sILV2 or ETH is available at the Ethereum public address to pay the Purchase Price and the Bid is accepted at the Closing Time.
In Dutch Auctions: From the time an Auction commences (Opening Time) to the Closing Time, each Participant can make a Bid for a specific Game Asset at the Starting Price or a Lower Price in either ETH or sILV2. The price declines at 2.5% per minute for two (2) hours following the Opening Time.
Bidding: When submitting your Bid, you will be prompted to sign to authorize the Bid but the ETH or sILV2 will remain at your Ethereum public address, no Gas Fee will be incurred and a data record of your Bid amount denominated ETH or sILV2 as well as your IP address and Ethereum public address will be stored in a secure database controlled by Illuvium.
Buyer: In the context of Auctions means the person, persons or entity with the lawful ability to sign transactions through their MetaMask/IMX wallet that submitted the winning Bid (Successful Bid) in an Auction and pays the Purchase Price following the Auction.
Reserved Auction Rights: We reserve all rights to end an Auction before the Closing Time or to extend an Auction if the reserve price has not been met.
Failed transaction: If you made the Successful Bid on a Game Asset but did not maintain a sufficient ETH or sILV2 balance at the time the Smart Contract called for the ETH or sILV2 balance to trigger the payment of WETH or sILV2 you forfeit the right to purchase the Game Asset. If you had a sufficient ETH or sILV2 balance and the transaction fails due to network error or other circumstances outside of your control please send an email to support@illuvium.io for support within 24 hours of the Closing Time of the Auction.
Paying the Auction Price: If your Bid is successful, subject to completion of any processes that are applicable to the particular Auction or Game Asset, your ETH or sILV2 will automatically be transferred to the Vault to pay the Purchase Price and the Game Asset will be transferred to your IMX wallet address. The purchase occurs when the successful bidder authorizes or signs a smart contract transaction to confirm payment sufficient to cover the Purchase Price and applicable Gas Fee. You may need to take additional steps to add the Game Asset to your IMX wallet to display the Game Asset in your wallet.
Failure to pay Auction Price within a reasonable time: If the successful bidder does not hold sufficient ETH or sILV2 to pay the Purchase Price after the Auction and to complete purchase, we reserve all rights to re-list the Game Asset for Auction or Sale on our Interface and to take any other action appropriate in the circumstances, such as blocking of access of the Participant for future Auctions.
Use of third-party software: All Bids made through our Interface are facilitated by MetaMask/IMX wallets which are third-party electronic wallet extensions (Third-party Extension), and all Game Assets are minted using the Immutable X platform (Third-party Platform). By using a Third-party Extension and a Third-party Platform to access our Services you agree that you are governed by the terms of service and privacy policy for the applicable Third-party Extension and applicable terms for the Third-party Platform. For example, the MetaMask Terms of Service and Privacy Policy are available here and here but may be updated from time to time. In addition, the Immutable X Protocol Licence Agreement is available here.
Representations and warranties: In addition to the Representations and Warranties in Section 2, and Acceptable Use Policy set out at Section 9 of our General Terms, Participants, Buyers and Subsequent Buyers represent and warrant that:
all Game Assets and representations made in relation to them, the Illuvium Games and the Services are subject to change by the prevailing model of governance of the Illuvium DAO at any time.
they are knowledgeable, experienced and sophisticated in using blockchain technology, the Illuvium Services, and in initiating Ethereum-based transactions;
the sILV2 or ETH balance at their Ethereum public address is at least equal to the amount Bid for a Game Asset;
submitting a Bid constitutes a legally binding, and non-revocable offer to purchase a Game Asset;
they have made enquiries to be satisfied as to the legitimacy, authenticity, and legal right to acquire ownership, resell, license or otherwise deal with Game Assets they bid on or purchase via the Illuvidex;
they have made enquiries to confirm they are eligible and/or not prohibited from submitting Bids in Sales or Auctions and paying the Sale Price or Auction Price to perform the legally binding condition of payment following a Successful Bid in an Auction;
they will not accept, solicit, offer, Bid, engage with the smart contracts, or otherwise transact on or off of the Illuvidex with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of a Game Asset or Game Asset collection; and
they will not engage in any unlawful or deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a Game Asset, simulate demand for a Game Aset, or any other anti-competitive bidding.
Illuvium is not a fiduciary nor owes any duties to any Participant or Buyer or Subsequent Buyers, including the duty to ensure fair pricing of Game Assets or to police behavior in the lead up to and during a Sale or an Auction;
they are solely responsible for any fees, including any internet connection fees or mobile fees and Gas Fees, that are incurred when submitting Bids, or paying for Game Items upon making the Successful Bid.
the value of Gas Fees changes, often unpredictably, and is entirely outside of the control of Illuvium and under no circumstances will a contract, agreement, offer, sale, bid, or other transaction made through the Interface or made through Illuvium’s Smart Contracts be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a Participant;
Gas Fees are non-refundable under all circumstances;
they are solely responsible for any and all sales, use, value-added, royalty withholding taxes and other taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Interface and including, without limitation, any taxes that may become payable as the result of their acquisition of an Game Asset;
for the avoidance of doubt, the Buyer or any Subsequent Buyer is solely responsible for determining and paying any amount of royalty withholding tax on the royalty or any other component of the Sale Price or Purchase Price to the revenue authority of their jurisdiction of tax residence as an additional amount to the Sale Price or Purchase Price;
all Sale Prices and Purchase Prices are quoted exclusive of any applicable Value Added Tax (or equivalent);
they solely bear the risk of initiating, interacting with, participating in Sales and Auctions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the Interface, Smart Contracts, third-party software, Participants and other actors behave as expected or intended;
secondary market sales through the Interface are immediately available after Sales or Auctions on the Interface;
except for the IP address of the device used to submit a Bid, a Participant’s Ethereum public address and the Bid amount, no information is collected by Illuvium to be able to identify each Participant or the Participant with a Successful Bid and as such, if the Participant with a Successful Bid does not hold sufficient sILV2 or ETH to pay the Auction Price after the Auction, or the Sale Price immediately, then Illuvium reserves all rights to re-list the NFT for Sale or Auction;
all payments to Illuvium by the Participant under these terms shall be made in full without any deduction or withholding (whether in respect of set-off, counterclaim, duties, tax, bank transfer fees, charges or otherwise) unless a deduction or withholding is required by any Applicable Law, in which event the Participant shall:
ensure that the deduction or withholding does not exceed the minimum amount legally required;
be liable to pay to Illuvium such additional amount that will result in the net amount received by Illuvium being equal to the amount which would have been received had no such deduction or withholding been made; and
pay to the relevant tax authority, within the period for payment permitted by any applicable law, the minimum amount of the deduction or withholding required by law;
Specific Sale Events
Land Sales
The maximum supply of Land NFTs is 100,000. It is anticipated that Land NFTs will be sold over multiple rounds of Auctions. The parameters for each sale of Land NFTs will be announced and decided in advance by the prevailing model of Illuvium DAO governance.
Tier 1 to 4 Land NFTs were sold by Dutch Auction. Illuvium Auction and Sales rules applied to the Auction.
Tier 5 Land NFTs shall be sold by auction further to the price and distribution dynamic determined by Illuvium. Illuvium Auction and Sales rules shall apply to the Auction, subject to any variations or amendments specified at the time of auction.
Illuvium Beyond Sales
Illuvium D1SKs contain a set of unknown, randomized Illuvitar NFTs and Accessories. The precise contents of each D1SK is made known upon purchase and opening, not before. D1SKs are purchased with ETH, SILV2 with CC, DC and fiat transactions supported by our merchant partners. :You warrant that you are over the age of 18 and if not, access the D1SK with the consent and supervision of your parent or guardian. We only offer D1SKs for sale in regions in which they are not regarded gambling products and issuers are required to be licensed. If you are from such a place, you may not access D1SKs.
Draw Probability and Contents Disclosures: The draw probability is the rate for receiving a particular item in a specific D1SK pack. Draw probability for items sold in Illuvium D1SK packs is fixed. Draw probability rates are accessible here. Details of minimum specifications for D1SK contents and drop rates per item are set out here.
No Returns: Users who are consumers may enjoy the protection of the provisions of the law of the country in which the consumer has its habitual residence. Save for the operation of laws which cannot be contractually waived, we expressly exclude and you expressly disclaim all rights to refund and return, including users who would otherwise have 14-day return rights;
Disclaimer: D1SK Supply: In addition to those disclaimers set out in our General Terms, total supply figures are approximately 100K for standard D1SKs and 20K for Mega D1SKs for the Alpha Wave. The known total supply figure for each D1SK type will be determined only upon conclusion of the sale of all of the D1SKs and shall be published here. Illuvium makes no representation or warranty as to the actual supply figure.
Price Changes: All rights are reserved to change listing or start prices for D1SKS at any time and without notice and without any obligation to refund D1SK purchases made prior to any change.
Wave 3 Promo, G-Shock:
Commencing 22:00 UTC 9th December 2024 and running till 22:00 UTC December 22nd 2024.
Event-specific terms: You will only qualify for the sale rewards (i.e. skins, battleboard, physical watch) if you purchase all qualifying tiers of D1SKs using the same wallet.
The qualifying tiers and quantities are:
5 D1SKs for a drone skin,
10 D1SKs for a ranger skin,
15 D1SKs for a battleboard skin,
20 D1SKs for a physical watch.
You will need to share your shipping information in order to redeem a physical watch. Delivery will be made to the address supplied. You remain solely responsible for providing accurate shipping information.
There is no limit on quantity of sale rewards so long as you meet the qualifying tiers and quantities.
All other terms of our Master Terms and Conditions apply. To the extent of any inconsistency, these event-specific terms prevail over all other master terms and conditions.
ANNEXURE 2 - Fuel Trade Rules
The Fuel Exchange allows Landowners to sell their accumulated Fuel, and for all gamers to purchase Fuel. Illuvium’s Fuel Trade Rules apply to all Fuel purchases and sales made through the Fuel Exchange, which is available via our Interface. Our General Terms and the following Rules apply to all Fuel Exchange transactions.
Definitions:
Instruction means an offer to buy or offer to sell Tokens through the Platform at the price, if any, nominated in such Instruction;
Transaction means the purchase or sale of Tokens arising from an Instruction; and
Users means buyers and sellers of Fuel.
Alternative Forum/Direct Sales: Fuel tokens may be traded directly between individuals and in alternative forums that are not operated by Illuvium. These Terms do not apply to such transactions and Illuvium shall not be a party to or have any responsibility or liability for, arising out of, relating to, associated with or resulting from any disputes between Fuel sellers or buyers in respect of the use, misuse, provision or failure to provide Fuel advertised or sold in forums other than the Fuel Exchange.
Pricing / Payment: The Fuel Exchange adopts a modified order book model. Fuel prices fluctuate based on availability of sell orders and the price point nominated by Users who wish to sell Fuel. The price at which Fuel may be sold is subject to an upper limit. Illuvium sets a maximum price at which units of Fuel may be sold (Default Max Price), which is published in the form of an IIP. Fuel prices cannot exceed the Default Max Price. In the event that there are insufficient sell orders to satisfy purchase demands, then the Default Max Price for each Fuel type will remain the sell price for an unlimited quantity of Fuel token sales and period of time, until such time as the exchange receives sell orders for Fuel.
Fuel Purchases: Subject to availability, Fuel tokens may be purchased in the quantity determined by the buyer, or in Fuel packs, which are pre configured packages of different Fuel tokens in set quantities.
Single Use: Fuel tokens are single use and once expended in gameplay, the Fuel token is burned.
Payment Forms: Acceptable forms of payment for Fuel purchases are ETH or sILV2, or USD using a Moonpay integration within IMX Wallet. We may change payment forms at any time at our sole discretion, and we reserve the right to decline orders and refuse payment at any time and for any reason.
No Commission. No Gas Fee: Immutable X’s L2 is gasless and for this reason, transactions to purchase Fuel do not attract a Gas Fee. Illuvium does not charge a Commission on Fuel transactions.
Third Party Terms: All Fuel purchases made through our Fuel Exchange are facilitated by MetaMask and IMX which are third-party electronic wallet extensions (Third-party Extension). Additionally IMX may use a third-party payment processor for its related services, and you understand and agree that by using or accessing the Fuel Exchange, you also acknowledge and agree that you have read, understood and agree to any and all of the terms and conditions of service of third parties relied upon to bring you this service. ALL CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE FUEL EXCHANGE AND ALL FUNDS PLACED IN YOUR IMX WALLET ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY SET FORTH IN OUR TERMS OR AS REQUIRED BY APPLICABLE LAW.
Our Authority: Fuel Exchange Users authorize Illuvium to match the User's Instructions to buy or sell Fuel at the price nominated by the User against Instructions from other Users. In general, we will execute Instructions in the order in which they are placed by Users, but having regard to the price at which the Instruction is placed. However, we reserve the right to put Instructions on hold, or only fill them in part, particularly where an Instruction is large and/or there is insufficient demand from other Users to transact in that volume or at that price, or in the event of an error. Upon matching, any Instruction is irrevocable authority from the User to us to settle the Transaction by transferring funds or Tokens in which the User has a beneficial interest. Users acknowledge and understand that when a Transaction is entered, the Fuel Exchange adjusts the record of Fuel in the seller’s account (Account Adjustment) and Illuvium transfers Fuel tokens to the buyer, and funds to the seller (Token Transfers). Users acknowledge that Token Transfers are not directly between buyer and seller, but with Illuvium and on-chain; that the networks by which Token Transfers occur are operated by third parties and are outside of the Fuel Exchange; that the speeds of the Token transfer networks are outside the control of Illuvium; that Illuvium gives no guarantee of and takes no liability for the security of the Token transfer networks; and that losses of Tokens may occur due to use of a Token transfer network which are outside the control of Illuvium and the we limit liability for any such losses in Section 15 of our General Terms.
Offer and Acceptance of Orders.
Buy Orders: Your buy order is an offer to us to agree on the delivery of the ordered Fuel tokens in exchange for the price indicated. When you place an order on the Fuel Exchange, we will send you a notification confirming receipt of your order and containing the details of your order (Order Confirmation). The Order Confirmation is acknowledgement that we have received your order but is not our acceptance of your offer to enter into an agreement. If we accept your offer, we will conclude the transaction you have ordered when we transfer the Fuel tokens to you. You hereby consent to receiving any and all sales invoices electronically.
Sell Orders: Your sell order is an offer to us to agree on the purchase of the Fuel tokens in exchange for the price indicated. When you place an order on the Fuel Exchange, we will send you a notification confirming receipt of your order and containing the details of your order (Order Confirmation). The Order Confirmation is acknowledgement that we have received your order but is not our acceptance of your offer to enter into an agreement. If we accept your offer, we will conclude the transaction you have ordered when we transfer the purchase price for the Fuel tokens to you. You hereby consent to receiving any and all sales invoices electronically.
Information: We reserve the right to require you to provide additional information and documents disclosing your identity for compliance purposes. Failure to provide such information upon request, as well as any other violation of our Terms of Use may result in your removal from the Services and/or a termination of your ability to sell, purchase or use Fuel.
Limitations on use of Fuel Exchange: Illuvium in its absolute and sole discretion may:
restrict the number of open Instructions a User may have on the Fuel Exchange at any one time;
restrict the ability of a User to change or cancel a posted Instruction at any time;
periodically define the incremental values for Instructions on the Fuel Exchange;
cancel in whole or in part Instructions that do not adhere to these limitations; and
limit the use of the Fuel Exchange to the listing and sale of specific Fuel tokens only, or to a set quantity of tokens only. The mere appearance of a listing does not guarantee that the listed item is available.
Fuel Sellers / Fuel Sell Orders:
Who can sell Fuel: While buyers are unrestricted, only Land NFT owners may list their Fuel for sale. Other users cannot do so.
Cancellation of Instructions: Instructions may be canceled by sellers, unless matched, in which case the Transaction is irrevocable. In the case of sell orders that are partially fulfilled, the matched portion of the sell order is irrevocable, and the unmatched part of the sell order may be canceled.
Payment: When a Transaction is completed Illuvium will pay to the Seller the purchase price indicated in the Instruction. If an Instruction is canceled prior to complete fulfillment of the sell order, Illuvium will only pay to the Seller the portion of the purchase price corresponding to the matched sell order.
Fuel Sellers: By submitting a sell order, Fuel Exchange sellers enter into an agreement directly with Illuvium for the sale of Fuel at the price indicated in the sell order. The seller is entitled to receive payment of a fee, being an amount representing the purchase price for Fuel specified in a completed Transaction. Illuvium does not receive, hold, settle payments due and owed to sellers by third parties from the sale of Fuel through the Fuel Exchange.
Illuvium warrants and represents that: The trading price for a Transaction is calculated on the basis of actual matched offers made by other Users participating in the bidding process on the Fuel Exchange, except where the Default Max Price is imposed. Illuvium does not set, and takes no responsibility for, the price of Fuel traded on the Fuel Exchange, except in relation to the imposition of the Default Max Price and scenarios where in these Terms it applies to Transactions.
ANNEXURE 3 - Governance Rules
ILV is the governance and utility token for the Illuvium DAO, which is an ERC-20 standard fungible token minted on the Ethereum blockchain. There is a maximum, finite supply of 10,000,000 ILV. Tokenomics are here. ILV tokens can be purchased on centralized token exchanges and decentralized token exchanges, won, or earned through Illuvium’s staking programs and other promotions. Whilst a person can purchase ILV tokens on exchanges, these Terms only cover your holding and use of ILV tokens as part of our Services. You are required to read and understand the applicable terms of each exchange if purchasing or dealing with ILV tokens at those venues.
Ownership of ILV confers membership in the Illuvium DAO, which includes the ability to participate in Illuvium’s prevailing model of decentralized governance published here and updated from time-to-time with or without notice to you. Iluvium’s prevailing model of decentralized governance includes use of ILV to vote for Illuvium Council nominees. Ownership of ILV (or any other Illuvium Token) does not confer ownership of any part of the Illuvium DAO Treasury, which includes items in the treasury wallet or wallets from time to time held for the benefit and sustainability of the Illuvium ecosystem. Mere ownership of any Illuvium Token (including ILV) does not constitute participation in or a relationship of partnership, joint venture or employment in any broad or narrow construction of the Illuvium DAO.
ANNEXURE 4 - Staking Rules
Illuvium’s staking rewards, which comprise 3M ILV released over 3 years commencing 1.7.2022, are intended to incentivise ILV ownership over time. Details of Illvuium’s ILV ILV/ETH LP and ILV staking programs are available here and here. ILV owners may stake their locked ILV by sending ILV or ILV/ETH to the staking contracts (as applicable). Tokens are subject to time locks that correspond to increasing returns, denominated in ILV or for a limited period sILV2, and measured in APR. Tokens earned through the staking programs will only be distributed after a time-based vesting period. Until tokens vest, they are ‘locked’ in the corresponding pool for the relevant lock period and count toward the earning of new tokens at the corresponding token weight allocated to the pool and lock duration. Staking results in generation of yield, i.e. an additional amount of ILV (or sILV2) earned on top of the amount staked. The quantity of ILV available for distribution as yield accrues is determined by Illuvium’s allocation of ILV toward Revenue Distribution.
Instead of waiting for ILV rewards tokens to vest, impatient stakers have the option to claim rewards immediately as sILV2 which can be used for certain purchases as advertised by Illuvium, such as Illuvitars or certain in-game purchases (sILV2 is minted at the time of claiming sILV2 rewards and the equivalent number of ILV is burned. Note that circulating sILV has been derecognised and is replaced by sILV2).
Non-transferability: When ILV or ETH-ILV LP tokens are staked, the token type and balance staked is mapped as coming from the tokenholder’s public address to the relevant staking smart contract address and can only be withdrawn to the original token holder’s public address. The balance of ILV or ETH-ILV LP tokens in the relevant staking contract is updated by a blockchain transaction to record an increase in balance to represent the staker’s instruction. It is intended that the token holder remains absolutely entitled to, and maintains beneficial ownership of, staked units of ILV or ETH-ILV LP tokens at all times.
Interface access to Staking Programs: Under the Staking Programs for ILV and ILV/ETH LP, a user who holds ILV or ETH-ILV LP tokens can stake their ILV tokens or ETH-ILV LP tokens, respectively, by connecting their wallet to the relevant smart contract through the Staking webpage of the Illuvium Interface (https://staking.illuvium.io). Alternatively a user can connect their wallet to the relevant smart contract via other interfaces such as Etherscan.io.
Yield Consideration relative to other Staking options: The Illuvium DAO determines the weight allocation to a specific staking contracts relative to the other staking options that Illuvium operate from time to time. The pools differ in what tokens are staked, the pool weight and the risks. The higher the pool weight and the number of tokens staked, the higher the Yield will be. The weight allocated to each of the staking contracts determines the yield stakers receive from each staking option (measured in APR). Importantly, APR is dynamic and varies depending on many factors, including pool weight and Revenue Distribution that is received into the Vault. Moreover, the Illuvium DAO can vary the weight allocation (i.e. how much yield is allocated to the staking contract) by IIP. This means that a customer who has staked their ILV may receive a different APR than what was quoted at the time the ILV was initially staked. For this reason it is very important that customers who stake their ILV monitor their position with care and select the stake (i.e. token lock) period with care.
User Responsibilities: Users must ensure they understand staking programs generally and our staking programs in particular, as well as the risks involved in DeFi transactions, as detailed in our Staking Risk Disclosure Statement and in these Terms (including the risk disclosures specified in Section 3). Users must comply with all Applicable Laws when using Illuvium’s staking programs. If a User is, or is accessing the staking programs from a Prohibited Jurisdiction or Individual (as applicable) then they are expressly prohibited from accessing and using Illuvium’s staking programs.
Staking Risk Disclosure Statement
Introduction:
Illuvium makes available an Interface through which users may interact with staking smart contracts, which Illuvium does not control or operate. Illuvium is not a broker or financial institution. Services provided on the Interface do not include an offer to sell or a solicitation of an offer to buy any securities, options, futures or other derivatives related to securities in any jurisdiction and its content is not prescribed by securities laws. Illuvium is not a platform to invest and it does not cooperate with investors and other investment services. Nothing on Illuvium’s Interface constitutes or shall be construed as: an offer, or solicitation of an offer to purchase or sell any security, other asset or service, which are connected with intangible benefits; financial, investment or trading advice or an offer to provide such advice and/or service; or a basis for making any investment decision.
Illuvium’s staking programs offer users incentives in the form of yield in consideration of their ILV token lockup for periods defined by each staking program. Staked ILV may not be disposed of until expiry of the lock period. The longer the lock the greater the risk users are exposed to adverse price movements and other risks of interacting with nascent smart contract technology on a public blockchain subject to a decentralized model of governance.
Key Risks:
By using Illuvium’s staking programs you acknowledge and agree to the following risks as well as those described in our General Terms:
Market Volatility: ILV (and sILV2) tokens are subject to the volatile nature of cryptocurrency markets, with prices that can dramatically rise or fall within short periods. This volatility can significantly affect the value derived from Illuvium’s staking programs, both positively and negatively.
Liquidity Constraints: The nature of locked tokens in Illuvium’s staking programs means that your capital will be inaccessible for the duration of the lock-up period. During this time, you will not be able to liquidate or access your investment, regardless of your financial needs.
Smart Contract and Technical Risks: Illuvium’s staking operations are executed by automated smart contracts. Any flaws, errors, or vulnerabilities in these contracts could lead to the loss or theft of tokens, potentially rendering your investment worthless.
Operational Complexity: Managing the vesting, transfer, and unlocking of ILV tokens is a complex process that requires a comprehensive understanding of staking processes and the functions of the associated smart contracts. Missteps in this process could result in financial loss.
Regulatory Uncertainty: decentralized finance products and services are subject to an evolving regulatory environment. New regulations or changes in existing laws may impact the functionality, transferability, and legality of staking programs in general, and Illuvium’s staking programs specifically, potentially limiting or even prohibiting your access to the staking programs. It is your responsibility alone to ensure that you may lawfully access the staking programs.
Technology Risk: Blockchain and its associated technologies are still in their relative infancy and, as such, are prone to unforeseen issues, including but not limited to, network forks, downtime, or other technical failures.
Withdrawal Process: The process to withdraw your locked ILV entails interacting with various smart contracts, each with its own set of risks and potential for errors, which could lead to the loss of tokens or financial assets.
Staking Rewards Fluctuation: Any rewards earned from Illuvium’s staking programs are subject to changes in Illuvium’s Revenue Distribution or staking incentives policies, smart contract rules, or cryptocurrency market conditions, all of which could affect the expected return on your staked investments.
Staking Rewards Contract: There are risks associated with changes in allocation weights in the ILV Bond staking contract relative to the ILV and ILV/ETH LP staking contracts. Changes in the weight allocation can impact your share of the staking rewards made available across Illuvium’s various staking programs.
Yield and Revenue Distribution: The allocation of Yield and Revenue Distributions relies on the pool factory's weight system, which may change and affect your rewards. Additionally, external factors impacting the Illuvium Vault, such as changes in game fee revenues, can alter the amount of ILV rewards distributed.
Unclaimed Tokens: Unlocked tokens that are not claimed in a timely manner do not continue to accrue benefits and may depreciate in value, reducing the potential return on your initial investment.
User Responsibilities:
It is your responsibility to ensure you have the requisite knowledge and understanding of these risks. We recommend consulting with an appropriately qualified advisor to align your investment decisions with your risk tolerance and objectives as Illuvium is not a platform that provides investment or financial services. The platform does not take responsibility for losses incurred due to market volatility, technology failures, or regulatory changes. By participating in Illuvium’s staking programs you acknowledge the associated risks.
Annexure 5 - Product (Physical Goods Purchases) Rules
These Product Rules apply specifically to Illuvium physical merchandise sales made through our Merch Store subdomain here. Although the Illuvium Interface is operated by Illuvium Labs Inc, all merchandise sales are made between you and Illuvium Labs FZCO. In these Rules, where applicable, “Illuvium”, “we”, “us”, “our” shall refer to Illuvium Labs FZCO and “you” or “your” shall refer to you, the merchandise purchaser. All defined terms in these Rules have the same meaning as that ascribed in our General Terms, unless expressly stated otherwise in these Rules. By purchasing Illuvium merchandise from our Interface, you accept and agree to be bound by these Rules together with our General Terms, as well as any Jurisdiction Specific Refund Rules that apply (Purchase Agreement). Importantly, some consumers, depending on their habitual country of residence are entitled to greater protections, extended warranties and rights of return or cancellation than those set out in these Product Rules. To the extent of any inconsistency, Jurisdiction Specific Refund Rules take precedence over the terms set out in these Product Rules and our General Terms.
Representations and Warranties: You make the general representations and warranties set out at Section 2 of our General Terms.
Age: To purchase Illuvium merchandise you must be at least 16 years of age. Minors may purchase further to supervision of a parent or guardian.
Privacy & Data: Details of how we handle and manage your personal information are explained in our Privacy Policy, which also addresses our use of Cookies. You agree that we may use the information that you provide when making a merchandise purchase to contact you in the context of your order and to process your purchase. Information you provide to us is shared with third parties in order to process your purchase, and by purchasing merchandise you consent for us to share this information for this express purpose.
Orders: Your purchase order is an offer to purchase merchandise specified in your order at the price indicated in the order and subject to the terms of your Purchase Agreement. We shall be deemed to have agreed to be bound by such terms by accepting your Purchase Order and delivering the goods. We reserve the right to refuse service or cancel purchase orders at our sole discretion.
Limitation of liability and Indemnity: We note that our liability is not waived in any case in which it is illegal or illicit to exclude, limit or attempt to exclude or limit, including where Jurisdiction Specific Refund Rules may apply. Without limiting the operation of our disclaimer and limitation of liability terms in our General Terms, physical goods’, those goods’ product descriptions, information and materials are provided “as is”, with no express or implied warranties or conditions except those that may not be contracted out of. Where you contract with as as a consumer within the meaning of consumer laws applicable to you and further to those consumer laws we are obliged to deliver goods that are in conformity with commercially reasonable expectations, we may be liable to you for any lack of conformity which exists at the time of delivery. You acknowledge and agree that goods are in conformity with your transaction or intended purchase if they: comply with the description given by us and possess the qualities we have presented at the point of purchase; are fit for purposes which goods of this kind are normally used; or exhibit quality and performance characteristics for which goods of this kind are commonplace in goods of the same type and which may be reasonably be expected.
Disputes: How we resolve disputes is set out at Section 20 of our General Terms.
Taxation: Tax including VAT (and its equivalent) is set out at Section 18 of our General Terms. Merchandise prices we have quoted are exclusive of any applicable VAT or other equivalent or similar tax.
Customs Duties: As the importer of merchandise you purchase from us, you are responsible for complying with all laws and regulations in your own country in relation to customs duties. All consignee names, addresses and payer names must be valid. It is your sole responsibility to ensure that the information that you provide to us is complete and accurate. We are not responsible and will not be liable to compensate you if the information you provide us is inaccurate or missing and this prevents deliveries or customs clearance. You authorize us to make statements, submit, amend and invalidate all declarations and documents needed to import goods ordered by you in your name and for your account (Authorisation) and included in your Authorisation you grant us the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints etc with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders or any other orders or decisions of whatever kind, receive monies, valuables and documents and/or deeds. Your Authorisation includes the right to instruct customs agents in your name and on your behalf, and to grant sub-authorisation to customs agents and/or other representatives involved in handling matters relating to the importation of merchandise goods and complying with regulations regarding the importation of goods.
Errors: If you make an error in relation to your purchase order, you will be prompted to review and modify the details of your order prior to making payment. If however, you identify an error in your purchase order after completing payment, you may correct it by contacting us immediately at support@illuvium.io. In the event that we have made a typographical error or an error in product description or pricing, we will endeavor to correct it immediately. In the event that an item is listed at an incorrect price or with incorrect information due to our error, we shall have the right to refuse or cancel any orders placed for that item, in which case your payment will be refunded.
Price & payment: All prices of merchandise items are correct at the time of entering the information at our Merch Store subdomain and are exclusive of VAT (or its equivalent) and shipping costs. If we are unable to fulfill part of your order the value of the items that are not shipped will be refunded to you. We reserve the right to amend merchandise prices from time to time, but the price at which you make a purchase is the price you will be charged.
Fraud: We adopt various measures to prevent unauthorized use of payment credentials. If your order triggers a fraud alert in our systems, a verification email may be sent to your email address.
Payment Pre-authorisation: Upon receipt of your order, we request pre-authorisation on the payment credentials you have provided to ensure that there is sufficient funds to complete the transaction. The charge will be made at the time of your order unless you select a buy now pay later (BNPL) service (which is only available in selected countries), in which case your payment credentials will be charged at the time your order is shipped.
Payment Credentials: When you click “buy now” or “place order” or ‘authorize payment” and “continue”, you are confirming that the payment credentials you have supplied to us are yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity doesn’t authorize the payment we shall not be liable for any delay or failure to deliver your order and we will be unable to conclude any contract with you.
Packaging: We comply with the minimum packaging requirements for the method of transport you select. The cost of any additional or special packaging requested by you will be paid for by you.
Colors: We make every effort to describe and depict merchandise products accurately and true to size, fit, color and described particular. However, there are practical limitations to this, and in particular, to the colors of products as they are depicted on the Interface. Actual colors will depend on your monitor, and we do not guarantee that your monitor’s display of colors will be accurate.
Shipping/Delivery: We may ship your order from different warehouses in different countries. At our discretion, and depending on location and stock levels, we may split orders and send your order to you in multiple packages. We endeavor to deliver orders as quickly as possible but do not guarantee shipping times, as these may be impacted by factors beyond our control. You will be supplied details to track your order by email.
Shipment: Shipping will be made to the delivery address indicated by you in your purchase order.
Refunds and Returns:
Goods that may not be returned: All purchases are final for sleepwear, swimwear, accessories (except bags) and jewelry.
Change of Mind: Subject to your statutory consumer rights, we do not accept returns for change of mind. Change of mind includes wrong size purchases.
Defects: Except for those goods that may not be returned, goods with major defects can be returned within the designated timeframe (below), unless a longer period of return is designated further to Jurisdiction Specific Refund Rules. For products that have a major defect, we will arrange a complete refund of the purchase price. The refund will be credited to your original method of payment. For goods with minor defects, we do not offer refunds.
Freight and VAT charges: Subject to your statutory consumer rights, customers are responsible for freight charges for returned goods.
Timeframe: We observe minimum return and notification periods where consumer laws specify those periods. Where consumer laws do not specify return and notification periods, we require:
Notification of damage or shortage - within 7 days of delivery of your goods.
Notification of request to return goods - within 7 days of delivery of your goods.
Receipt of your returned goods - within 14 days of receipt of your notification of damage/shortage or request to return goods.
Force Majeure: We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under these Terms or other contracts when caused by events that are beyond our reasonable control (Force Majeure). Force Majeure events are any act, event, failure to exercise, omission or accident that is beyond our reasonable control and include but are not limited to: war (declared or not), preparation for war, civil unrest, revolt, invasion, terrorist attack or terrorist threat, strike, lockout or other forms of protest; fire, storm, flood, earthquake, collapse, explosion, epidemic, pandemic or any other natural disaster, logistics and transport failures including inability to use trains, ships, aircraft and any other means of transport, public or private; inability to use public or private telecommunications systems; acts, decrees, legislation, regulations or restrictions of any government or public authority; strike, failure or accident in maritime or river transport, postal transport or any other type of transport; alien invasion; zombie invasion; border closures, government shutdowns, trade blockages, embargoes and disruptions to global trade. All our obligations are suspended (under these Terms or other contracts) during a period in which a Force Majeure event or series of events remains in effect; however we will endeavor to resolve disruptions caused by such events and to find solutions to enable us to fulfill our obligations.
Contact Us: All merchandise support enquiries including return requests can be made to support@illuvium.io.
Annexure 6 - Jurisdiction Specific Refund Rules
Some jurisdictions provide more generous terms in relation to rights of refund and return, or permit cancellation of purchase agreements or do not permit the exclusion or limitation of warranties or liability in the form we have set out in our Product Rules or our General Terms, so you may have additional rights under the laws applicable to you. It is important to note that consumer protection laws that provide rights to consumers to cancel purchase agreements do not apply to all customers or to all types of products. For example the UK’s distance selling laws do not apply to digital downloads once the download process has commenced.
UK and EU Distance Selling Laws - 14 Day Right of Withdrawal
If you are a consumer within the meaning of European Union and the United Kingdom consumer laws and you have purchased a product or service to which a right of withdrawal applies to you under those laws commonly referred to as “Distance Selling Laws”, you have a right of withdrawal for a period of 14 days following either the conclusion of the Purchase Agreement or receipt of your goods.
Right of withdrawal: You have the right to withdraw from your Purchase Agreement within 14 days without giving any reason. The withdrawal period is 14 from the date of the conclusion of the Purchase Agreement for services, and for merchandise (physical goods sales) it is 14 days from the date upon which you receive your items. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Purchase Agreement by an unequivocal statement (e.g. a letter sent by post or e-mail to support@illuvium.io]). You may use the model withdrawal form below for this purpose however this is not mandatory. Please note, the Right of Withdrawal does not apply to all products or services and in certain instances, expires. See details below.
Effects of withdrawal:
Reimbursements: If you withdraw from the Purchase Agreement we shall reimburse to you all payments received from you, including the costs of delivery, less supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, and exceptions or compensation we are entitled to as a result of damage, excessive usage or change of mind detailed below. We will arrange the reimbursement without undue delay and in any event not later than 14 days from the day on which we receive returned physical goods, or evidence of their return (whichever is sooner), or, in relation to services, within 14 days from when we are informed about your decision to withdraw from your Purchase Agreement.
Form of Reimbursement: We will arrange reimbursement using the same form of payment that you used for the initial transaction, unless you have expressly agreed otherwise.
Deductions: You will not incur any fees as a result of requesting a reimbursement. However, we will reduce the reimbursement made to you if you:
requested that we begin the performance of the services during the withdrawal period, in which case you shall pay us a reasonable amount that is in proportion to what has been provided until you have communicated to us your request to withdraw from your Purchase Agreement;
have handled physical goods in a manner that exceeds normal trial of those goods. For example, in the case of Merchandise, you may try on the goods, but you may not handle the goods excessively. We will return a portion of the purchase price, determined by us in our sole discretion, relative to the excessive usage we identify upon return of the goods.
make a return based on a change of mind. We will in such circumstances reduce your refund by shipping costs.
Information on the expiry of the right of withdrawal:
The right of withdrawal applies to Purchase Agreements for the provision of services and shall expire if we have:
provided the service in full; and,
if the Purchase Agreement places you under an obligation to pay, if we have only begun to perform the service after you have given your express consent for us to do this and at the same time you have confirmed your knowledge that you will lose your right of withdrawal upon full performance of the Purchase Agreement by us.
The right of withdrawal applies to Purchase Agreements for the supply of digital content not on a tangible medium (e.g. purchase of an NFT or D1SK) and shall expire if we have:
commenced performance of the Purchase Agreement; and:
if the Purchase Agreement places you under an obligation to pay, where you have:
expressly consented to our commencing performance of the Purchase Agreement prior to the expiry of the withdrawal period; and
confirmed your knowledge that by giving your consent you lose your right of withdrawal upon commencement of performance of the Purchase Agreement, and;
We have provided confirmation of the concluded Purchase Agreement.
Model withdrawal form: You may adopt the following language to notify us of your request to withdraw from your Purchase Agreement:
Address to support@illuvium.io ; I/We hereby give notice that we withdraw from my/our contract of sale of the following goods/for the provision of the following service [insert] ordered on [insert] received on [insert]. Consumer name, address; [insert]. Date: [insert].
Annexure 7 - Marketing and Promotions Rules
Illuvium’s marketing activities are conducted by Illuvium Labs Inc. The following marketing and promotions principles apply to all Illuvium marketing and promotions activities:
Illuvium does not conduct targeted marketing activities to customers within any jurisdiction in which Illuvium is either prevented wholesale from conducting marketing and promotions activities, or is required to first register or obtain approval for said activities (unless we expressly indicate that we have obtained said registration or approval in the specific marketing or promotion).
To the extent that you are or from a Prohibited Jurisdiction and Individual (as applicable), or to the extent that our Services or any of the Illuvium Tokens may be considered financial products or services in the jurisdiction in which you seek to access our products or services, then you are excluded from participating in any of our promotions or marketing activities.
Illuvium exercises caution in respect of promotions and marketing activities. We do not make representations as to the performance of our Services or any of the Illuvium Tokens that tend to emphasize, overstate, sensationalize or inflate potential financial gains that may be involved in participating in or using our Services or acquiring or using any of the Illuvium Tokens.
Opinions of our personnel are their own, whether or not made in a public forum. Any representations made by personnel in a personal capacity are expressly excluded and may not be treated as representative of the Illuvium DAO or its delegate entities.
KOLs and Affiliates: Where we work with KOLs and Affiliates, we expect them to adhere to Applicable Laws (but do not undertake to monitor compliance) and to clearly and conspicuously communicate their connection to us.
Where we conduct specific marketing and promotions activities, we may publish specific terms applicable to a particular marketing or promotion activity, or we may publish terms in our Marketing and Promotions Rules.
Various jurisdictions impose laws, regulations, guidelines or other requirements that are relevant to Illuvium’s promotion and marketing activities and may include specific virtual asset promotions laws or guidelines, financial product and service promotions laws (to the extent that any of our Services are considered by a specific jurisdiction to be a financial service or product), marketing and advertising laws and guidelines and general consumer protections laws. Illuvium is dedicated toward maintaining compliant marketing and promotions activities within the complex and often convoluted operation of these laws, regulations, guidelines and other requirements. To this end, we maintain constant monitoring of these laws and we note the following (non exhaustive) list of requirements by country:
EU consumer laws require paid promotions generally to be disclosed as advertising, but the activity isn’t policed well and most influencers violate the obligation to disclose paid promotions. MiCA marketing rules echo this general rule and require communications to be fair and not misleading and consistent with whitepapers.
France’s Jonum Regime (or Sorare Law) distinguishes games with crypto and NFT gaming elements from gambling. The law prohibits paid influencer promotions. Additionally, France has introduced specific laws applicable to all influencers that require them to clearly disclose sponsored content.
The UK has extended its financial promotion laws to crypto assets and published new guidelines. “Crypto Asset financial promotions” that have an effect in the UK are regulated and must be either made by an authorized person, are approved by an authorized person or are registered with the FCA, unless exempt. Restrictions require clear risk warnings, banned incentives to invest, positive frictions, client categorisation requirements and appropriateness assessments. The UK’s advertising authority ASA has set guidelines for influencers to be transparent about sponsored content.
The US anti touting laws prevent individuals from promoting securities unless proper disclosure of incentive is attached and have been used to prevent unlicensed marketing of crypto assets under US securities laws. Where a crypto asset is regarded a security, then anti touting laws apply and the FCT require influencers who are paid to promote, to disclose how much they are being paid and by whom, with appropriate disclosures of relationships with brands when promoting products/services.
Brazil, Chile and Columbia have guidelines for influencer marketing and generally recommend accurate representation of paid promotions.
Canada’s financial services regulator has issued guidelines that apply to marketing efforts of crypto trading platforms.
China: Trading crypto, although banned, is not readily enforced and China KOLs have an onus to audit project details in line with governmental controls on media in general.
Dubai: Has established marketing regulations for VASPs.
India implemented crypto advertising guidelines in 2023. Ads should carry a standard form disclaimer and there are new laws governing the lawful operation of online games.
Korea: South Korea’s consumer protection laws for VASP customers introduce new protections, notably the rules don't apply to NFTs.
Japan: Has strong consumer protection laws previously invoked to protect consumers’ interests with respect to gacha games.
Philippines imposes a registration requirement on firms advertising crypto investments to Philippine users. It isn’t clear to what extent the requirement applies to gamefi.
If you have any questions or feedback in relation to any Illuvium marketing or promotion activity, you can contact us at support@illuvium.io.
Loyalty Airdrop and Gameplay Airdrop Campaign Q2 2024 Disclaimer
Community engagement is at the heart of Illuvium’s continued success. Central to the game ecosystem’s operations as we launch our games into the wild is participation. Our Loyalty Airdrop and Gameplay Airdrop campaigns reward our community for participation in the Illuvium game ecosystem in various ways. There are 3 phases. Drop 1 (loyalty), Drop 2 (Private Beta and Testnet) and Drop 3 (Open Beta). Details of the campaign and participation rewards can be found here, here and here. Participation rewards may be amended by Illuvium at our sole discretion and without notice to you. If there is any law or regulation in the jurisdiction in which you are domiciled or from which you participate in our airdrop campaigns that would exclude you from permitting to participate in our Airdrop campaign, or expose us to requirements by law to obtain registration, license, permit or other authorisation in order to permit you to participate, or for us to advertise the existence of our Airdrop campaigns (Restricted Countries or Regions), then unfortunately, you must not participate. Our Airdrop campaigns are strictly open only to those participants from countries that are not from Restricted Countries or Regions.
Illuvium Creator Program July 2024
Community engagement is at the heart of Illuvium’s continued success and the Illuvium Creator Program is designed to reward content creators that engage with our game ecosystem and undertake to create and share their own content related to it. Our incentive structure is published alongside details of the Creator Program and can be found here. Rules for participation in the Creator Program are as follows:
Creators are responsible for their own content and for ensuring that their content is published in full compliance with our Acceptable Use Policy as well as Applicable Law. You can find the Acceptable Use Policy at Section 9 of our Terms. Applicable Laws are relevant to each specific Content Creator and the jurisdictions in which their content is made available. Please review the summarized laws at point 7 of the above Marketing and Promotions Rules. This is an informative summary only. These are not designed to replace your own independent verification of the laws that apply to you.
You are required to clearly and conspicuously communicate your connection to us in the content that you disseminate, including wherever/whenever you share your Creator Code or link. It is up to you to determine what is sufficiently clear and conspicuous, with regard to the medium of publication and content form, however, we provide the following guidelines:
We consider the following disclaimers/hashtags sufficiently clear and should be applied to social media posts:
#Ad
#Sponsored
#IlluviumPartner
#Illuvium Ambassador
“In connection with Illuvium’s Creator Program, I may receive payouts from your in-game purchases.”
The following guidelines are indicative of what we consider conspicuous, but ultimately this is up to you to determine in good faith and exercising good judgment:
Including the above disclaimers/hashtags in a location that consumers will easily notice without clicking, scrolling or searching for it. Inevitably what is conspicuous will be determined by the form and content, for example:
In social media posts: within the first several lines of copy (when viewed on a desktop).
In social media stories or framed content: superimposed as text over the image/video in each and every frame, in a way that viewers can easily see during the time of the story (i.e., in a legible, large-enough font, with regard to contrasting color from background and separate from competing or distracting text).
In written or editorial content, such as a blog post: adjacent to the headline or other focal point of the content, in a font size that is at least reasonably the same size as the other content.
In videos: within the video (at the beginning), and in the video description.
In a live stream: repeated regularly so those who tune in later will still know.
Including the above disclaimers/hashtags in every post and/or piece of content you are sharing, not merely in a profile and/or bio.
As the first hashtag in the chain if there are subsequent hashtags.
To the extent that you are from/are a Prohibited Jurisdiction and Individual (as applicable) then you are excluded from participating in Illuvium’s Creator Program.