TERMS OF USE

Last updated: 11/11/2023

The Terms of Use of The Galaxy Of Lemuria website https://www.tgol.io/ (the 'Website') and our video game The Galaxy Of Lemuria (the 'Game'), and all related services (the 'Lemuria Store'), form a contract between the company Lemuria Online SpA, and the user (the 'User'), who makes use of our Website, the Game, the Lemuria Store and/or any of our services or platforms.

1.- ACCEPTANCE OF THE TERMS OF USE

By browsing or using the Website, the Game, the Store, and/or any service provided by Lemuria Online SpA, the User agrees to comply with these Terms of Use. Acceptance of the Terms of Use implies that they are legally binding and obligatory for the User, who is assumed to have read and understood them thoroughly.

Please read these Terms of Use carefully before performing any action on our platforms. If you do not agree with them, you should refrain from using our platforms.

Lemuria Online SpA reserves the right, at its sole discretion, to discontinue operating the Website, the Game, or the Store at any time in the future, without any liability thereof.

2.- DESCRIPTION OF THE GAME, THE WEBSITE, AND THE STORE

The Game: 'The Galaxy Of Lemuria' is a free-to-play, multiplatform video game that incorporates blockchain technology as an additional feature within its mechanics, in the form of Non-Fungible Tokens (NFTs). Many objects within the game are linked to an NFT ('Token' or 'Tokens'), enabling players to truly 'own' these Tokens upon acquisition. These objects can be resold on secondary markets, loaned, transferred outside the game, and essentially become tangible assets. Once a Token is transferred to a player's virtual wallet, the nature of the Tokens and the underlying technology ensure that only the player can conduct transactions such as transferring, selling, or loaning these objects.

The Website: The Website serves as a hub where players can access information about the game, Terms of Use, social networks, and also acts as an intermediary between the User, the Game, and the Lemuria Store.

The Lemuria Store: The Store is a web platform allowing Users to trade the Tokens they have acquired, either in-game or through blockchain transactions, thereby facilitating player interaction within the game.

Lemuria Online SpA and its platforms do not provide any type of financial advisory service, nor do they employ 'agents' or 'advisors' that offer advisory or management services for the Tokens.

3.- DISCLAIMER FOR TESTING PHASE AND MODIFICATION OF TERMS OF USE

The Game is still in testing phase and is provided 'as is' and 'without any warranty' and may contain software defects and errors. The User is advised to protect its data and not to rely on the correct functioning or performance of the Game. Lemuria Online SpA reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms of Use will be posted on our Website. The User shall be responsible for keeping up to date with such modifications. Your use of the Game following any modification of the Terms of Use constitutes your acceptance of the modified Terms of Use.

4.- ELIGIBILITY

The User hereby declares that he/she is fully capable and competent to accept the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. Lemuria Online SpA operates a global platform and by accessing the Website, the Store or the Game, the User represents and warrants that he/she is at least 13 years of age.

5.- USER ACCOUNTS AND SECURITY

To access the Game, the User must create an account (the 'Account'), with a user name and password at https://tgol.io/#/account.

To use the Store, the User needs a 'third party private key manager' selected by the User, such as MetaMask.

Lemuria Online SpA assumes no responsibility for any breach of security or unauthorized access to your Account. It is recommended that you: (a) use a unique password for your selected 'third party private key manager' that you have never used before; and (b) keep your password and any related secret information secure, not sharing it with anyone else.

You are solely responsible for all activities conducted through your Account, whether or not you authorize the activity.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices.

Please note that, if you lose your 'third party private key manager' password, you agree that Lemuria Online SpA will not be able to solve any problem arising from that incident.

Lemuria Online SpA will not be liable for any loss or damage (of any kind and under any legal theory) to the User or any third party arising from a breach, for any reason, of any of the above obligations.

6.- REPRESENTATIONS AND RISKS

6.1.- DISCLAIMER OF LIABILITY

The User acknowledges and accepts that the use of the Game, the Store and the Website is at the User's own risk. The Game, the Store and the Website are provided 'as is', without warranties of any kind, whether express or implied. The User acknowledges and agrees that Lemuria Online SpA has no control over or obligation to take any action with respect to: which users access or use the Game or the Store; what effects the Game or the Store may have on the User; how the Game or the Store is used; or what actions the User may take or refrain from taking as a result of having been exposed to the Game or the Store. The User releases Lemuria Online SpA from all liability for his/her inability to access the Website, the Game, the Store or any content.

6.2.- RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS

To make use of the Tokens, the User must use ETH and USDC, cryptographic tokens of the Polygon network. ETH and USDC could be affected by one or more regulatory actions, which could prevent or limit Lemuria Online SpA's ability to continue to develop, or limit its ability to access or use the Game or the Polygon blockchain.

6.3.- APPLICATION SECURITY

The User acknowledges and agrees that the Website, the Store, the Game and related applications are software and is subject to flaws, the User acknowledges that it is solely responsible for evaluating the security of any smart contracts or code provided by the Website, the Game, the Store or third party smart contract content or code that it accesses or uses through the Game, the Store or the Website. This warning and others subsequently provided by Lemuria Online SpA in no way evidence or represent a continuing duty to be alert to all potential risks of using the Game, the Store or the Website.

6.4.- USES OF THE GAME

The LOOT feature allows you to store blockchain-backed Tokens and use them in the Game, as well as withdraw them to your own personally managed cryptographic wallet. The User acknowledges and agrees that Lemuria Online SpA makes no representations or warranties regarding the value or merchantability of the Tokens.

7.- VAULT

7.1.- All Tokens that the User keeps in the Vault are kept by Lemuria Online SpA for the User's own benefit. Consequently, the ownership of the Tokens will remain at all times with the User and will not be assumed to be transferred to Lemuria Online SpA. In addition, the User will assume all potential risks of the loss of such Tokens.

7.2.- The User, at any time, subject to interruptions, downtime and other applicable policies, may withdraw its NFTs from the Vault, sending them to a blockchain wallet controlled by the User or a third party.

8.- TRANSACTIONS AND FEES

8.1.- The User may purchase Tokens directly from Lemuria Online SpA using cryptocurrencies, which will be stored in the LOOT. The User can withdraw at any time the Tokens from the LOOT to his personal wallet. Lemuria Online SpA has no control over the User's personal wallet. That said, Lemuria Online SpA shall have no liability to the User or any third party for any claim or damage that may arise as a result of any transaction made from your personal wallet.

8.2.- The Polygon network requires the payment of a fee (a 'Gas Fee') for each transaction that occurs on the Polygon network. This fee pays for the cost of maintaining the network of computers running the Polygon network. This means that you must pay a fee for each transaction that occurs through the game. You agree that the payment of the fee is inherent to the nature of the Polygon network and outside Lemuria Online SpA or as a result of the use of the Game.

8.3.- The User agrees that all applicable taxes in connection with the use of the Account and purchases in the game will be covered by him/her.

9.- INDEMNIFICATION

The User shall release and indemnify, defend and hold harmless Lemuria Online SpA, as well as the officers, directors, employees, shareholders and representatives of the company, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs), claims or actions of any kind arising or resulting from your use of the Game, the Store or the Website for violation of these Terms of Use and any of your acts or omissions. Lemuria Online SpA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Lemuria Online SpA in the defense of any such matter.

10.- DISCLAIMERS OF LIABILITY

10.1.- THE USER ACKNOWLEDGES AND AGREES THAT HE/SHE ASSUMES FULL RESPONSIBILITY FOR THE USE OF THE WEB SITE THE STORE AND THE GAME. THE USER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION HE/SHE SENDS OR RECEIVES DURING HIS/HER USE OF THE WEB SITE THE STORE AND THE GAME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR SUBSEQUENTLY ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE STORE AND GAME WEB SITE IS AT YOUR SOLE RISK. THE USER ACKNOWLEDGES AND AGREES THAT THE WEB SITE, STORE AND GAME ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY SO ACKNOWLEDGING, THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEMURIA ONLINE SPA, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LIABILITY. PUNITIVE, EXEMPLARY, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF LEMURIA ONLINE SPA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE, THE STORE AND THE GAME; THE USE OR INABILITY TO USE THE LA TIENDA Y EL JUEGO WEB SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LA TIENDA Y EL JUEGO WEB SITE; ANY ACTION LEMURIA ONLINE SPA TAKES OR DOES NOT TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERROR; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCIES, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS OR GAME (INCLUDING, WITHOUT LIMITATION, THOSE THAT DO NOT ALLOW PARTICIPATION IN THE GAME); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR GAME OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMAGES OR OTHER CONTENT OF ANY KIND; LATE OR INCORRECTLY PROCESSED OR INCOMPLETE OR LOST DATA; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE, STORE AND GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.2.- LEMURIA ONLINE SPA HEREBY EXPRESSLY DISCLAIMS, RELEASES AND WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

10.3.- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEMURIA ONLINE SPA, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE THE STORE AND GAME WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE THE STORE AND GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE, (III) THE GAME OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA YOU DISCLOSE WHEN USING THE GAME WILL BE SECURE.

10.4.- THE USER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND TRADING ONLINE OVER THE INTERNET, AND AGREES THAT LEMURIA ONLINE SPA, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY FOR ANY BREACH OF SECURITY UNLESS DUE TO OUR NEGLIGENCE.

10.5.- LEMURIA ONLINE SPA, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS YOU SUFFER AS A RESULT OF YOUR USE OF THE POLYGON NETWORK, METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERRORS, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY INTERPRETED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR LOSS OF DATA; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE THE STORE AND GAME, THE POLYGON NETWORK, METAMASK OR OTHER E-WALLET.

10.6.- LEMURIA ONLINE SPA IS NOT RESPONSIBLE FOR ANY LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURE OF THE POLYGON NETWORK, METAMASK OR OTHER E-WALLET, INCLUDING, WITHOUT LIMITATION, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY PROBLEMS WITH BLOCKCHAIN SUPPORT FOR THE POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE PROBLEMS OR ANY OTHER PROBLEMS THAT RESULT IN TOKEN LOSSES.

11.- LIMITATION OF LIABILITY

11.1- THE USER UNDERSTANDS AND AGREES THAT LEMURIA ONLINE SPA, ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS AND LICENSORS SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT THE USER MAY SUFFER, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (INCURRED DIRECTLY OR INDIRECTLY), LOSS OF TOKENS OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF LEMURIA ONLINE SPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2- YOU AGREE THAT OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE (OR YOUR INABILITY TO ACCESS OR USE) ANY PART OF THE WEBSITE THE STORE AND GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRIOR TO THE DATE ON WHICH THE CLAIM AROSE, OR (B) $100.

11.3- YOU ACKNOWLEDGE AND AGREE THAT LEMURIA ONLINE SPA HAS MADE THE WEB SITE, STORE AND GAME AVAILABLE TO YOU AND YOU AGREED TO THESE TERMS SUBJECT TO 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 RELATIONSHIP BETWEEN US. LEMURIA ONLINE SPA WOULD NOT BE ABLE TO PROVIDE THE WEB SITE, STORE AND GAME TO YOU WITHOUT THESE LIMITATIONS.

11.4- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF PERSONAL INJURY LIABILITY FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

12.- PROPERTY RIGHTS

12.1- All title, ownership and intellectual property rights to the Website, the Store and the Game are the exclusive property of Lemuria Online SpA or its licensors. The User acknowledges and agrees that the Website, the Store and the Game contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The User agrees not to copy, modify, rent, lease, loan, sell, distribute, display or create works based on the Website, the Store and the Game, in whole or in part. The exclusive property of Lemuria Online SpA shall include all elements of the Website, the Store and the Game, and all intellectual property rights therein. The visual interfaces, graphics (including but not limited to all artwork and drawings associated with the Game), design, systems, methods, information, computer code, software, 'look and feel', organization, compilation of content, code, data, and all other elements of the Website, the Store and the Game (collectively, the 'Lemuria Online Materials') are the property of Lemuria Online SpA and are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and intellectual property rights, and applicable laws. All Lemuria Online SpA materials are the copyrighted property of Lemuria Online SpA or its licensors, and all trademarks, service marks and trade names contained in Lemuria Online SpA materials are proprietary to Lemuria Online SpA or its licensors. Except as expressly set forth herein, your use of the Website, Store and Game does not grant you ownership or any other rights with respect to any content, code, data or other materials that you may access on or through the Website, Store and Game. Lemuria Online SpA reserves all rights to materials on Lemuria Online SpA that are not expressly granted to you in the Terms of Use. For the sake of clarity, you understand and agree that you are not entitled to reproduce, distribute or otherwise commercialize any element of the Lemuria Online SpA materials (including, without limitation, our copyrights in the artwork and drawings associated with the Game and content thereof) in any form without our prior written consent in each case, which consent Lemuria Online SpA may withhold in its sole and absolute discretion.

13.- NO THIRD PARTY BENEFICIARIES

The User agrees that, unless otherwise expressly stated in these Terms of Use, there will be no third party beneficiaries of the Terms of Use.

14.- BINDING ARBITRATION AND CLASS ACTION WAIVERS

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1- INITIAL DISPUTE RESOLUTION

The parties shall use their best efforts to engage directly to resolve any dispute, claim, question or disagreement and to enter into good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

14.2- BINDING ARBITRATION

If the parties do not reach an agreed upon resolution within 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, either party may initiate binding arbitration as the sole means of resolving claims, subject to the terms set forth below.

Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ('ICC') by an arbitrator. Within ten (10) calendar days after the date of delivery of the Notice of Arbitration, the Parties shall appoint a mutually acceptable arbitrator. In the event that the Parties fail to select a mutually acceptable arbitrator within ten (10) calendar days after delivery of the Notice of Arbitration, the arbitrator shall be appointed by the Chairman of ICC. The parties agree that the arbitration shall take place in Chile or at any other place mutually acceptable to the parties. Any decision or award rendered by the Arbitrator shall be final, and judgment thereon may be entered in accordance with applicable law in any court having jurisdiction thereof. For purposes of cost sharing, all Claimants shall be considered a party and all Respondents shall be considered a party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration initiated pursuant to these Terms of Use and shall not disclose the fact, conduct or outcome of the arbitration to any third party or non-participant, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.

14.3- CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted solely in an individual capacity and not as a class action or other representative action, and the parties expressly waive their right to bring a class action or seek class relief. YOU AND LEMURIA ONLINE SPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration may proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed not to have agreed to arbitrate the disputes.

14.4 EXCEPTION - INTELLECTUAL PROPERTY DISPUTES AND SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in small claims court for disputes or claims within the scope of that court's jurisdiction.

14.5 30-DAY OPT-OUT RIGHT

You have the right to opt out and not be subject to the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following email address: [email protected]. Your notice must be sent within 30 days of your first use of the Game or you will be required to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Lemuria Online SpA will also not be bound by them.

14.6 CHANGES TO THIS SECTION

Lemuria Online SpA will provide 60 days notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

These Terms and the relationship between the User and Lemuria Online SpA shall be governed by the laws of Chile, without regard to its conflict of law provisions.

For any dispute not subject to arbitration, the User and Lemuria Online SpA agree to submit to the exclusive jurisdiction of the courts located in Chile. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

15.- VIRTUAL GOODS

15.1 Virtual goods are game elements such as in-game currency (such as Lumens), ships and vehicles, weapons, equipment, characters, can include attributes, or entitlement items (collectively, “Virtual Goods”). Virtual goods of a consumable, degradable, limited-use, or single-use nature (e.g. food, potions, etc.) are intended to disappear or be expended upon use. All Virtual Goods remain the property of Lemuria Online at all times and are subject to its reasonable rules and regulations as amended from time to time. You agree that regardless of the use of terms such as “buy”, ”sell”, “purchase”, “own”, you only acquire a limited license right (which is governed by the Lemuria Online Terms) to access and use Virtual Goods, and that Virtual Goods are not redeemable for any sum of money or monetary value from Lemuria Online at any time, (except as provided for in the Lemuria Online Terms). Lemuria Online is conducting a crowdfunding campaign to support the development of the Game and the related Lemuria Online Services. You do not purchase anything, you make a pledge towards the development of the Game and the other Lemuria Online Services. To mitigate the uncertainties of the Open Alpha stage of the Game, you are entitled to a “no questions asked” refund for Pledge Items during a thirty (30) days period (“Withdrawal Period”). That means that thirty (30) days from acquiring and having received access to a Pledge Item you can use that Pledge Item “as is” in any way within the Game. If you are not satisfied with the Pledge Item during the Withdrawal Period, you are entitled to return the Pledge Item and obtain a refund. After expiry of the Withdrawal Period, you are not entitled to any refund anymore and you accept the Pledge Item “as is”. Please note that this does not apply to any Tokens purchased on the Ethereum Network or Pledge Items transferred by the User to the Ethereum Network before the thirty (30) days from acquiring and having received access to a Pledge Item, and that we are only allowed to make refunds to the original buyer and payment method.

15.2 TOKENS. All sales of Tokens are final and non-refundable. By purchasing Tokens, you acknowledge that neither Lemuria Online SpA nor any of its affiliates are required to provide a refund for any reason.

16.- GENERAL INFORMATION

16.1 COMPLETE AGREEMENT. These Terms (and any additional terms, rules and conditions of participation that Lemuria Online SpA may publish on the Website, the Store or in the Game) constitute the entire agreement between the User and Lemuria Online SpA with respect to the Game and supersede any prior agreements, oral or written, between the User and Lemuria Online SpA. In the event of a conflict between these Terms of Use and additional terms, rules and conditions of participation, the latter shall prevail over the Terms of Use to the extent of the conflict.

16.2 WAIVER AND SEVERABILITY OF TERMS. The failure of Lemuria Online SpA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

16.3 STATUTE OF LIMITATIONS. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Store, the Game or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.4 SECTION HEADINGS. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

16.5 COMMUNICATIONS. Users who have questions, complaints or claims regarding the Website, the Store or the Game may contact us using the relevant contact information set forth above and at [email protected].

17.- LINKS

The Website, the Store and the Game provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Lemuria Online SpA has no control over such sites, applications and resources, the User acknowledges and agrees that Lemuria Online SpA is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lemuria Online SpA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

18.- TERMINATION AND SUSPENSION

You shall have the right to terminate your Account at any time by canceling and discontinuing your access to and use of the Game. Lemuria Online SpA may terminate or suspend all or part of the Website, the Store and the Game and your access to the Site and the Game immediately, without notice or liability. You will not receive any refund if you terminate your Account or if these Terms of Use are otherwise terminated. You agree that Lemuria Online SpA, in its sole discretion and for any or no reason, may terminate these Terms of Use and suspend and/or terminate your Account(s) for the Game. You agree that any suspension or termination of your access to the Site or the Game may be effected without prior notice, and that Lemuria Online SpA shall not be liable to you or any third party for any such suspension or termination. If Lemuria Online SpA suspends or terminates your Account due to your breach of these Terms of Use or any suspected fraud, abuse or illegal activity, then the termination of these Terms shall be in addition to any other remedies Lemuria Online SpA may have at law or in equity. Upon termination or expiration of your Account, either by you or by us, you may no longer have access to information that you have posted in the Game or that relates to your Account, and you acknowledge that Lemuria Online SpA shall have no obligation to maintain such information in our databases or to forward such information to you or any third party. Upon termination of your Account, your right to use the Game will cease immediately. The following provisions of these Terms of Use survive any termination of these Terms: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION OF LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.