This document is preserved verbatim for legal reference.
Welcome to the TRIPLE O application (the «Platform», or «we» or «us» collectively). Below, we will detail the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein.
This document (together with all documents referred to herein) sets forth the terms and conditions governing the use of the Platform and the use of the Service provided through the Platform («Terms and Conditions»).
By using the service provided on this Platform the User agrees to be bound by the Terms and Conditions, therefore, if the User does not agree with all the stipulations of the Terms and Conditions, the User should not use this Platform.
THE PLATFORM IS CURRENTLY IN BETA VERSION.
THE DIGITAL ASSETS INCLUDED IN THIS VERSION OF THE PLATFORM HAVE NO ECONOMIC VALUE, NOR ARE TRANSACTIONS MADE ON A TEST NET CONSIDERED REAL TRANSACTIONS.
IN ADDITION, INSTALLATION OF THE BETA VERSION MAY LEAD TO LOSS OF DATA AND INFORMATION AND CAUSE SERIOUS MALFUNCTIONS.
The beta version is provided to test the functionality and usability of the Platform, detect bugs, technical problems…etc.
In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:
The use of the Platform confers the condition of User, who accepts, from the use of the same, the Terms and Conditions herein reflected having the same validity and effectiveness as any contract entered into in writing and signed.
Its observance and compliance shall be enforceable with respect to any user, or anyone accessing, browsing or using the Platform.
Notwithstanding the foregoing, access to certain content and the use of certain services may be subject to certain special conditions, which will be clearly displayed and must be expressly accepted by users.
The User declares that the use of this Platform is done on a personal basis, without performing any type of professional service.
The Platform will allow the User to access the Services specified in these Terms and Conditions.
Before making use of the Services, the User should be aware that the risk of loss in buying and selling or holding Cryptoassets or NFTs may be substantial. As with any asset, the value of Cryptoassets and NFTs can vary considerably and there is a substantial risk that you may lose money buying, selling, holding or investing in NFTs and Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling, or holding NFTs and/or Cryptoassets.
Furthermore, by using the Platform the User agrees that TRIPLE O does not provide any investment advice in relation to Cryptoassets or the NFTs that can be acquired through the Platform.
TRIPLE O uses third parties for the custody service of some of the Cryptoassets and NFTs of its Platform.
Services using NFTs are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether operating or maintaining NFTs is appropriate.
TRIPLE O reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which these Conditions appear or through any type of communication addressed to users.
Likewise, we inform users about their rights and obligations in relation to the contents exposed through the Platform, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
Currently, the Platform is in Beta phase, which may result in the loss of all information and assets.
Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that:
TRIPLE O will offer through the Platform the Services specified in these Terms and Conditions, which allow the User to purchase NFTs with certain utilities through the Battle Derby game, through a third party provider.
The User assumes responsibility for the use of the Platform. This responsibility extends to the registration, if any, was necessary to access the Services. In such registration, if requested, the User shall be responsible for providing truthful and lawful information.
TRIPLE O reserves the right to request an update of the information if it becomes aware that it has been modified.
In the same way, TRIPLE O reserves the right to carry out the appropriate verifications in order to confirm the legal origin of the contributions of funds that are made.
The User agrees to make appropriate use of the content and services that TRIPLE O offers through the Platform and, by way of example, but not limited to, not to use them for the following purposes
Access to or use of the Platform for illegal or unauthorized purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being limiting in nature, it is prohibited:
1) Use the Platform in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
2) Use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
3) Use the Platform illegally, against good faith, morality and public order or against the contractual spirit of the contracting conditions;
4) Registering through the Platform under a false identity, impersonating third parties or performing any other action that may mislead other users about the identity of the user;
5) Unauthorized access to any section of the Platform, other systems or networks connected to the Platform, servers used by TRIPLEO O, or services offered through the Platform, by hacking or forgery, password mining or any other illegitimate means;
6) Breaking, or attempting to break, the security or authentication measures of the Platform or any network connected to it, or the security or protection measures inherent in the content offered on the Platform;
7) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of TRIPLEO O, as well as in the systems and networks connected to the Platform; or
8) Impede the normal development of an event, contest, promotion or any other activity available through the Platform or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these Terms and Conditions.
Failure to comply with any of the above obligations by the user may lead to the adoption by TRIPLEO O of appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the removal or blocking of the account of the offending user, without the possibility of any compensation for damages caused.
TRIPLE O reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.
Consequently, TRIPLE O does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use thereof by Users is carried out at their own risk, without, at any time, TRIPLE O can be held liable in this regard.
In addition, TRIPLE O assumes no liability whatsoever arising from, but not limited to:
Similarly, TRIPLE O excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as documents or systems stored therein, so TRIPLE O will not be liable in any case when they occur:
In any case, TRIPLE O undertakes to solve the problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident.
The Service proposes the acquisition of NFTs through the use of a video game, as well as the possession of the TRIPLE O token, $TOG, with different modalities, as well as the possibility of exchanging them at a later stage through the platform’s Marketplace.
To do so, the User must link his/her Wallet, which will be done by logging in with passport. This login can be done, or registered if the User does not have an account, through the corresponding Gmail or Apple accounts.
Likewise, the User will be allowed to sell the NFT purchased on the Marketplace of the Platform at a later stage. In these cases of secondary sale, TRIPLE O does not intervene in the transactions carried out on the Marketplace, but will charge a commission for each transaction made.
In case of buying or selling the NFTs in any other external Marketplace, the procedure will be the same as the one indicated in the previous paragraph, having the User to connect his Wallet to acquire them.
The User who wishes to acquire NFTs from TRIPLE O within the Platform, must create a Wallet held by a third party, through their Google or Apple account.
Likewise, Users who have purchased NFTs with third-party Wallets that support standards other than the one TRIPLE O has developed, may use a Bridge service to adapt them, operated by TRIPLE O. In this way, all Users will be able to convert their NFTs to the standard supported by the Platform.
The Service is subject to the User reading and accepting the Terms and Conditions of the Platform, as well as the Privacy Policy.
7.1.3WHAT RIGHTS DOES THE ACQUISITION OF NFTS GIVE THE USER?
The rights that the User has over the NFTs acquired through TRIPLE O are the property of the User for subsequent sale on the Platform’s Marketplace or on external platforms.
In addition, within the video game that can be accessed on the Platform, the NFTs constitute the assets through which users can participate in the different tournaments. They are the assets through which they participate in certain games.
Participation in games and tournaments will in turn give the possibility of obtaining «battle points», which allow the user to access various services described in the Platform.
Likewise, there are different categories of NFTs within the video game that can be accessed on the Platform, each of them with their own characteristics and requirements to be upgraded, described on the Platform.
The lawful and lawful purchase or acquisition of the CLS grants the User a worldwide, non-exclusive, revocable, non-sublicensable license to use the acquired CLS solely for the following purposes
The User acknowledges and agrees at the time of acquisition of NFTs that it waives any of the following actions, nor will it permit any third party to do or attempt to do any of the following without TRIPLE O’s prior written consent in each case:
Further, User understands that TRIPLE O may include new restrictions on the use and rights of the NFTs and to the extent TRIPLE O notifies User of such additional restrictions in writing (email is permitted), User shall be responsible for complying with all such restrictions as of the date of receipt of such notice, and that failure to do so shall be deemed a breach of these Terms and Conditions.
The User has the limited right to transfer the NFT as provided in these Terms and Conditions, provided that:
Without the list being exhaustive, the User undertakes to refrain from performing the following actions, either directly or through a third party:
TRIPLE O reserves the right to deny or withdraw access to the Platform and / or the services offered therein without notice to those Users who perform any of the actions listed in this paragraph.
Pursuant to Article 103 of Law 3/2014 of 27 March, the transactions contained in the present terms and conditions are excluded from the right of withdrawal.
The headings of the various clauses are for informational purposes only, and shall not affect, qualify or expand the interpretation of these Conditions. Also, TRIPLE O may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which these Conditions appear or through any type of communication to users.
The temporary validity of the present Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions will become effective.
Notwithstanding the provisions of the particular conditions that may be established, TRIPLE O may terminate, suspend or discontinue, at any time and without notice, access to the contents of the Platform.
After such termination, the prohibitions on the use of the contents set forth in these Terms shall remain in effect.
Also, if the user breaches these Terms, TRIPLE O may suspend or cancel your profile automatically and without notice, and in no case such suspension or cancellation would entitle the user to any compensation. For these purposes, TRIPLE O reports that it may inform and cooperate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if you have suspicion of committing a crime.
The contracting of any product and/or payment service offered by TRIPLE O will be regulated by the general and/or particular conditions of each specific service provided for that purpose.
In the event of any discrepancy between the provisions of these Conditions and the particular conditions of each specific service of the Platform, the provisions of the latter shall prevail.
In the event that any provision of these Conditions is declared void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Conditions.
The failure of TRIPLE O to exercise or enforce any right or provision contained in these Terms shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by TRIPLE O.
TRIPLE O owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Platform, as well as all content offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.
In no case shall it be understood that access, navigation and use of the Platform by the user or the use, acquisition and/or contracting of products or services offered through the same implies a waiver, transfer, license or total or partial transfer of such rights by TRIPLE O. The user has a right to use the contents and/or services of the Platform within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions.
References to registered trademarks or trade names, or other distinctive signs, whether owned by TRIPLE O or third party companies, imply a prohibition on their use without the consent of TRIPLE O or their legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Platform and / or its contents gives the user any right to distinctive signs included therein.
All intellectual and industrial property rights on the contents and/or services of the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Platform, for public or commercial purposes, without the prior, express written authorization of TRIPLE O or, where appropriate, the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the user finds on the Platform, as well as technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Platform.
In the event that the user sends information of any kind to TRIPLE O through any of the channels provided for this purpose, the user represents, warrants and agrees that he has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving TRIPLE O harmless for any communication provided personally or in his name, reaching such responsibility without any restriction on the accuracy, legality, originality and ownership of the same.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual property rights and / or industrial, must immediately notify TRIPLE O through the email address support at tripleogames.com so that it can proceed to the adoption of appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Platform owned by TRIPLE O violates their intellectual property rights and / or industrial, as well as any other rights, you must send a communication to support at tripleogames.com with the following information:
– Identification data and means of contact of the claimant or his/her legal representative.
– Documentation proving your status as the owner of the allegedly infringed rights.
– Detailed account of the rights allegedly infringed by TRIPLE O, as well as their exact location within the Platform.
– Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.
In accordance with the provisions of the General Regulation on Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails, will be treated by TRIPLE O as responsible for the treatment to be able to address the doubts of the Users, as well as receive periodic notifications through electronic means. The User can learn more about the processing of their data in the privacy policy, which must be read and understood for the use of the Services.
TRIPLE O is committed to the fulfillment of the obligation of secrecy of personal data, therefore has taken the necessary measures to prevent alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
Moreover, TRIPLE O reports that by visiting its Platform (without carrying out the registration process by the User) is not automatically recorded any personal data that identifies a user, instead there is certain non-personal information and not identifiable with a particular user that is collected during the live session through devices called «cookies» that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All Users must accept, reject or configure cookies to navigate the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.
The purchase of NFTs and Cryptoassets are recorded in Blockchain, a technology that operates like ledgers, intended to immutably record transactions in networks of computer systems.
Many of these public Blockchains allow forensic analysis that can lead to de-anonymization and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.
Because blockchains are decentralized or third-party networks that are not controlled or operated by TRIPLE O, we cannot delete, modify or alter personal data on such networks. For more information you can refer to our privacy policy.
For any interpretative or litigious issues related to the web portal, Spanish law shall apply and in case of dispute, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city of Santa Cruz de Tenerife (Spain) provided that such dispute is not related to any economic transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling out the following electronic form: http://ec.europa.eu/consumers/odr/
In the event that there were links or hyperlinks to other Internet sites, TRIPLE O not exercise any control over such sites and content. In no case TRIPLE O assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, accuracy, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
It is expressly prohibited the introduction of hyperlinks for commercial purposes on websites outside TRIPLE O that allow access to the Platform without the express consent of TRIPLE O . In any case, the existence of hyperlinks on websites outside TRIPLE O , does not imply in any case the existence of trade or commercial relations with the owner of the website where the hyperlink is established, nor the acceptance by TRIPLE O .
In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.
The User expressly consents to be notified or informed by electronic means of all information related to his or her User status, account and use of the Platform.
With your consent, we send push notifications to your mobile device to provide Service updates, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform.
TRIPLE O has a user service, through which user requests will be resolved within 48 hours of receipt, by sending an email to the following address: support at tripleogames.com
All official communications from TRIPLE O will be made through the following channels:
The user service channel:
TRIPLE O will not be responsible for transactions and interactions made by users through other communication channels other than those indicated herein.