Vermilion Terms and End User License Agreement
Last Updated: 26 March 2025
PLEASE READ THIS
AGREEMENT BEFORE USING INSTALLING OR PLAYING THE GAME FORGOTTEN PLAYLAND OR
OTHERWISE USING THE PLATFORM (INCLUDING OUR WEBSITE AND ANY
SUB-URL OF IT). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY
NOT INSTALL OR OTHERWISE ACCESS FORGOTTEN PLAYLAND OR THE PLATFORM.
This
end user license agreement is entered into by and between you and Vermilion
Studios Limited, incorporated in Gibraltar (including all affiliates and
subsidiaries, collectively referred to as, “Vermilion,” “we,” “us,” or “our”).
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, this “Agreement”), govern your access
to and instalment and use of the social party game named Forgotten Playland
(the “Game”), in addition to any content, functionality, and services offered
through or otherwise in connection with the Game or https://forgottenplayland.com (or any sub-URL of such site), whether installed or used on a
computer, console, or mobile device (collectively, the “Platform”).
Please
read this Agreement carefully before you start to use the Platform. By
installing or otherwise using the Platform you accept and agree to be bound and
abide by this Agreement, including our Privacy Policy, incorporated herein by
reference and available at https://forgottenplayland.com/privacy-policy.
If
you do not agree to this Agreement, you must not access or install the Game, or
otherwise access or use the Platform.
Your use of the Platform requires a license
(see sections 7 and 8 of this Agreement). In no event will any ownership to the
Platform be sold or otherwise transferred to you, unless otherwise explicitly
agreed with us.
To use the Platform, you may be required to
register an account in accordance with the terms of this Agreement (an
“Account”). When you create or update an Account you must provide Vermilion
with accurate and up to date information as may be required from time to time,
including in accordance with applicable laws. You are responsible for
maintaining the confidentiality and security of your own Account (see further
info in section 6 of this Agreement).
Our Platform may change, which may require
that we include additional terms for certain new parts of the Platform (which,
in such event, will be construed as part of the “Platform”). We reserve the
right in our sole discretion to modify or discontinue any parts of the Platform
at any time and without any liability.
To use parts of the Platform, a user may need
to use a third-party, non-custodial wallet software that allows the user to
interact with public smart contracts and blockchains for the purpose of
unlocking certain features relating to the Platform. We do not operate,
maintain, or provide any wallets or wallet services. We will at no time have
any custody or control of any crypto-assets that any user is interacting with
or using to unlock certain features in relation to the Platform. We are not a
wallet provider, exchange, broker, lender or borrower.
As part of our Platform, you may from time to
time gain access to decentralized open-source smart contracts deployed on
public blockchains, such as the Beam network, including smart contracts
pertaining to the cryptographic token known as Forgotten Playland (FP) token,
or other fungible or non-fungible tokens that may have utility with respect to
the game. Our Platform is distinct and separate from any of the smart contracts
that may be accessed through it, and is merely one of multiple means of accessing
such smart contracts. Users can interact with the same smart contracts
otherwise directly, including to develop and build their own user interfaces on
top of such smart contracts. We are not issuers or sellers of any cryptographic
tokens used in relation to the Platform or otherwise.
Users of the Platform may, through gameplay,
earn rewards in the form of cryptographic tokens (“Rewards”). The distribution
of Rewards are subject to the terms of this Agreement and will be distributed
by use of programmatic smart contract systems. Geographic restrictions may
apply with respect to the Rewards (see section 16).
To
use the Platform, represent and warrant that you (i) are an adult of the legal
majority in your country and state of residence, (ii) are not barred to use the
Platform under any applicable law, and (iii) are using the Platform only for
your own personal use. The Platform is under no circumstance intended for
children under 13 years of age. If you do not meet these requirements, you must
not access or use the Platform.
We
may revise and update this Agreement from time to time in our sole discretion.
All changes are effective immediately when we post them.
Your
continued use of the Platform following the posting of a revised Agreement
means that you accept and agree to the changes. You are expected to check this
page frequently so you are aware of any changes, as they are binding on you.
We
reserve the right to withdraw or amend the Platform, and any service or
material we provide on the Platform, in our sole discretion without notice. We
do not guarantee that our Platform or any content on them will always be
available or be interrupted. We will not be liable if for any reason all or any
part of the Platform is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of the Platform, or entire Platform,
to users.
You
are responsible for:
●
Making
all arrangements necessary for you to have access to the Platform; and
●
Ensuring
that all persons who access the Platform through your internet connection are
aware of this Agreement and comply with them.
To
access the Platform or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Platform that all the information you provide on the Platform
is correct, current, and complete. You agree that all information you provide
to use the Platform, including, but not limited to, using any interactive
features on the Platform, is governed by our Privacy Policy, and you consent to
all actions we may take with respect to your information that are consistent
with our Privacy Policy.
You
should use particular caution when inputting personal information onto the
Platform on a public or shared computer so that others are not able to view or
record your personal information.
Unless
otherwise indicated, the Platform is our proprietary property and all source
code, databases, functionality, software, website designs, information, audio,
video, text, photographs, and graphics on the Platform (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein
(collectively, the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright, trademark and other intellectual property laws
and international conventions. You are not permitted to use the Marks without
the prior written consent of the owner of the Mark.
Except
as expressly provided herein, Vermilion and its licensors do not grant any
express or implied license to the Platform or the Content. You agree not to
copy, reproduce, aggregate, republish, download, post, display, transmit,
modify, rent, lease, loan, sell, assign, distribute, license, sublicense, sell,
reverse engineer, create derivative works based on, or otherwise exploit for
any commercial purposes whatsoever, the Platform or the Content, without our
express prior written permission.
You
may not modify or alter the Content in any way. We and our licensors (as
applicable) reserve all rights not expressly granted to you in and to the
Platform, the Content and the Marks.
If
you accept and comply with the terms of this Agreement, Vermilion will grant,
and you will receive, a limited non-sublicensable, non-exclusive and revokable
license (the “License”) to the following only:
●
Install
applicable components or features of the Platform (including the Game) on one
or more computers or mobile devices under your legitimate control.
●
Access
and use the Platform and the Content to which you have properly gained access
solely for your personal, non-commercial use.
●
To
use any virtual in-game assets or currencies (“Virtual Items”) on the Platform
only; Virtual Items are not substitute for real currency and will not earn
interest, have an equivalent value in real currency nor be redeemable or exchangeable for
real currency.
●
To
be able to use certain crypto-assets owned by the user to unlock certain
features on the Platform.
Vermilion
may suspend or terminate your License, or parts, components and/or single
features thereof, if you conduct any of the Prohibited Uses as set out in
section 9 below or otherwise do not comply with the Agreement, and/or if you
violate, or assist others in violating, the specific License limitations set
forth in this Agreement. In case of such a license suspension or termination
you will not be entitled to any compensation in regard to the respective
suspended or terminated License. For the avoidance of any doubt, as any
crypto-assets owned and used by you in connection with the Platform are not
controlled by us, you will maintain and retain ownership and control over such
crypto-assets (unless disposed of by you by other means), including in the event
that your License is terminated or suspended.
You
may use the Platform only for lawful purposes and in accordance with this
Agreement. You agree not to use the Platform:
●
In
any way that violates any applicable federal, state, local, or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the United States or other countries, or
applicable sanctions laws);
●
In
the event we offer Virtual Items, you will not gather these for
sale/selling/exchanging outside of the Platform (for the avoidance of doubt,
this does not include crypto-assets residing on the blockchain outside of the
Platform but which may be used to unlock certain features on the Platform are
not included as they are not under our control).
●
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise;
●
To
send, knowingly receive, upload, download, use, or re-use any material which
does not comply with this Agreement;
●
To
transmit, or procure the sending of, any advertising or promotional material
without our prior written consent, including any “junk mail”, “chain letter”,
“spam”, or any other similar solicitation;
●
To
impersonate or attempt to impersonate Vermilion, a contractor of Vermilion,
another user, or any other person or entity (including, without limitation, by
using e-mail addresses or screen names associated with any of the foregoing);
and
●
To
engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform, or which, as determined by us, may harm Vermilion or
users of the Platform or expose them to liability.
Additionally,
you agree not to:
●
Use
the Platform in any manner that could disable, overburden, damage, or impair
the Platform or interfere with any other party’s use of the Platform, including
their ability to engage in real time activities through the Platform;
●
Use
a VPN or any other privacy or anonymization tools to circumvent, or attempt to
circumvent, any restrictions that apply to the Platform (general use of VPN for
other purposes shall however be permitted);
●
Use
any robot, spider, or other automatic device, process or means to access the
Platform for any purpose, including monitoring or copying any of the material
on the Platform;
●
Use
any manual process to monitor or copy any of the material on the Platform or
for any other unauthorized purpose without our prior written consent;
●
Use
any device, software or routine that interferes with the proper working of the
Platform;
●
Introduce
to the Platform any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful;
●
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Platform, the server(s) on which the Platform is stored, or any server,
computer or database connected to the Platform;
●
Attack
the Platform via a denial-of-service attack, a distributed denial-of-service
attack or similar; and
●
Otherwise
attempt to interfere with the proper working of the Platform.
The
information presented on or through the Platform is made available solely for
general information purposes. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Platform, or by anyone who may be informed of any of its contents.
The
Platform may include content provided by third parties, including materials
provided by third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials, other
than the content provided by Vermilion, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of Vermilion. We are not
responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
We
may update the content on the Platform from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Platform may
be out of date at any given time, and we are under no obligation to update such
material.
All
information we collect on the Platform is subject to our Privacy Policy. By
using the Platform, you consent to all actions that may be taken by us with
respect to your information in compliance with the Privacy Policy.
Additional
terms and conditions may also apply to specific portions, services or features
of the Platform. All such additional terms and conditions are hereby
incorporated by this reference into this Agreement.
You
may link to our Platform, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part without our express written consent.
If
the Platform contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third party
websites linked on the Platform, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites. We reserve the
right to withdraw linking permission without notice.
Access
to the Platform, or some parts of it, may not be legal by certain persons or in
certain countries and we may impose geographic restrictions like geoblocking
certain jurisdictions. Your choice to access is on your own initiative and you
are responsible for compliance with local laws.
You
understand that we cannot and do not guarantee or warrant that the Game or
other parts of the Platform available for downloading from the internet or the
Platform will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR
USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE PLATFORM IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER VERMILION NOR ANY PERSON ASSOCIATED WITH VERMILION
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER VERMILION NOR ANYONE ASSOCIATED
WITH VERMILION REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM
OR THE SERVER(S) THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VERMILION
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
SOME
JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE
DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN
THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
IN
NO EVENT WILL VERMILION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE PLATFORM, ANY WEBSITE LINKED TO THE PLATFORM, ANY CONTENT
ON THE PLATFORM OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT
AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
WHICH MAY INCLUDE FRAUD.
You
agree to defend, indemnify, and hold harmless Vermilion, its affiliates,
licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of this Agreement or your use of
the Platform, including, but not limited to, any use of the Platform’s content,
services and products other than as expressly authorized in this Agreement or
your use of any information obtained from the Agreement.
All
matters relating to the Platform and this Agreement and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
internal laws of Gibraltar without giving effect to any choice or conflict of
law provision or rule (whether of Gibraltar or any other jurisdiction).
Any
dispute arising out of or in connection with the Platform and this Agreement,
including any question regarding its existence, validity or termination, shall
be referred to and finally resolved by arbitration under the rules of the
London Court of International Arbitration, which rules are deemed to be
incorporated by reference into this clause. The number of arbitrators shall be
one. The seat, or legal place, of arbitration shall be Gibraltar. The language
to be used in the arbitration shall be English. You and Vermilion agree to
submit all Disputes between you and Vermilion to individual binding
arbitration. “Dispute” means any dispute, claim, or controversy between you and
Vermilion that relates to the Platform and this Agreement.
If
a Dispute must be arbitrated, you or Vermilion must start arbitration of the
Dispute within one (1) year from when the Dispute first arose. If applicable
law requires you to bring a claim for a Dispute sooner than one (1) year after
the Dispute first arose, you must start arbitration in that earlier time
period. Vermilion encourages you to tell us about a Dispute as soon as possible
so we can work to resolve it. The failure to provide timely notice will bar all
claims.
In
any Dispute, the arbitrator will award to the prevailing party, if any, the
costs and attorneys’ fees reasonably incurred by the prevailing party in
connection with those aspects of its claims or defenses on which it prevails,
and any opposing awards of costs and legal fees awards will be offset.
Any
breach by you of this Agreement could cause Vermilion irreparable harm for
which it has no adequate remedies at law. Accordingly, Vermilion is entitled to
seek specific performance or injunctive relief for any such breach. Nothing in
this section will preclude Vermilion from seeking specific performance or
injunctive relief from a court of appropriate jurisdiction.
No
waiver by Vermilion of any term or condition set forth in this Agreement shall
be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of Vermilion to assert a right
or provision under this Agreement shall not constitute a waiver of such right
or provision.
If
any provision of this Agreement is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Agreement will continue in full force and
effect.
This
Agreement, including without limitation, our Privacy Policy, and other terms
and conditions applicable at the time you access the Platform constitute the
sole and entire agreement between you and Vermilion with respect to the
Platform and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, with respect
to the Platform.