Please read these terms and conditions (“Terms“) carefully before using the services described here.
The site, the platform and services are provided by Nozomics UG (haftungsbeschränkt), a German corporate company, and YOU (“User” or “you”), with respect to your use of the services offered through the Nozomics video games platform (the “Platform”).
By using our services, you agree with the terms and to be bound by the terms in its latest version. You are aware that Nozomics may change these terms at any time, on our sole discretion without any prior notice to you. Any changes will be effective immediately upon posting on our website. If you continue your use of the Nozomics platform then you accept any new or modified terms.
This license terminate automatically if you violate any of these restrictions and may be terminated by Nozomics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You must keep secret all credentials associated with the services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Nozomics shall not be held responsible for any unauthorized access to the services or any resulting harm you may suffer.
Nozomics disclaims any and all promises, representations and warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, data accuracy, system integration, title, non-infringement and/or quiet enjoyment, and any services provided by Nozomics are provided „as is'' and „as available“. Except as expressly provided here, you acknowledge that Nozomics makes no warranties under this agreement directly for the benefit of any end user, and that Nozomics' obligation under this agreement are for the benefit of you only, and not for the benefit of any other person. In entering into this agreement, you represent that you have not relied upon any representation or warranty of Nozomics or its affiliates except as expressly set forth in this agreement. We do not make any representations or warranties that access to the services shall be continuous, uninterrupted, timely, or error-free.
You understand that we can not and do not guarantee or warrant that files available for downloading from the site 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
Nozomics is a gaming platform for skill based video games and leaderboards. The ZOMI INGAME COUPON (“ZOMI”) is the token for use within the Nozomics video gaming platform like entering our Play-Ranked mode.
Nozomics gives no warranties that ZOMI will be exchangeable on specific platforms or that they remain exchangeable on exchange platforms or that they would be exchangeable on other exchanges.
Nozomics is a game developer, publisher, organizer and distributor for the platform. Nozomics is not a financial institution or financial advisor and is currently not under supervision of any financial supervisory authority. Nozomics does not provide any licensed financial services, such as investment services, fund management or investment advice. None of the information or analysis presented here are intended to form the base for any investment decision, no specific recommendations are intended, and Nozomics, website and ZOMI do not offer, are not and shall not be construed as investment or financial products. In the event of any regulatory changes that would impact ZOMI, Nozomics reserves the right to amend its services, the site and ZOMI.
ZOMI are not an investment, a security, nor an investment product and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such.
Nozomics gives no guarantees as to the value of any of the ZOMI because of the natur als INGAME COUPON. Nozomics explicitly warns users that there is no reason to believe that ZOMI will increase in value, and they might also decrease in value or lose their value entirely.
You represent that you acquire ZOMI exclusively for your use in our services, and not for investment, speculation or financial purposes. You also represent and warrant that you do not consider Nozomics as a security and you understand that ZOMI may lose all of their value and that you are aware of all other risks deriving from holding ZOMI as specified in these Terms and you accept them.
ZOMIs do not represent any shareholders right, namely the token does not represent any shares, and holders of ZOMIs are not entitled to any form of profit, dividend or other revenue right, or voting right in the shareholders' matters. ZOMI does not represent a monetary claim against Nozomics and does not generate any form of passive income right. Consequently you hereby agree and understand that you do not expect any profits derived from the purchase of ZOMI.
To use our service (“Play-Ranked mode”), you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this agreement. Specifically, you agree that:
You are a natural person, at least 18 years old, or the age of legal consent for engaging in skill challenges under the laws of any jurisdiction that applies to you, whichever is greater. We expressly reserve the right to request proof of age, at any time;
You have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC).
You have verified and determined that your use of the site services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case.
You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Nozomics.
You are fully aware that there is a risk of losing your token by using the services to arrange, enter, and/or participate in our services and that you are solely responsible for any such loss.
You possess the legal authority to enter into this agreement including the authority to accept all of these terms.
You shall not infringe or encroach upon Nozomics' or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the skill challenges is not prohibited by the law of that state or jurisdiction;
You understand that Nozomics may monitor your internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the services are illegal or restricted;
You will not mask your identity in any way, including without limitation, IP masking by accessing the site services over any type of proxy server, through IP masking software or the like.
We DO NOT warrant that our site and/or services are in compliance with all the laws and regulations in any localities, including your locality. It is your responsibility to ensure compliance with the laws and regulations of your locale. Please be sure to use the services only after you have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
Development failure or abortion: Acquiring and storing ZOMI for purposes of using our services involves various risks, in particular that Nozomics may not be able to launch some operations and continue developing its platform or community. Any interested person who is not in the position to accept nor to understand the risks associated with the activity, or any other risks as indicated in the terms, should not acquire ZOMI or use our services.
Legal risk concerning security regulation: There is a risk that in some jurisdictions ZOMI might be considered as a security, now or in the future. Nozomics does not give warranties or guarantees that ZOMI are a security in all jurisdictions. Each user of Nozomics shall bear its own legal or financial consequences of ZOMI being considered a security in their respective jurisdiction. The legal ability of Nozomics to provide ZOMI in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree of certainty that ZOMI are not legal in certain jurisdiction, Nozomics will base on its sole discretion either (a) cease operations in that jurisdiction, or (b) adjust ZOMI in a way to comply with the regulation should that be possible and viable. It is your obligation to check if acquisition and disposal of ZOMI is legal in your jurisdiction, and by accepting these terms you expressly agree and warrant that you will not use Nozomics should the use not be legal in the relevant jurisdiction.
Risk of malfunction of blockchain: Nobody can guarantee the Binance Smart Chain ("BSC") source code used by Nozomics will be flaw-free. It may contain certain flaws, errors, defects and bugs, which may disable some functionality for users, expose users' information or otherwise. Such flaw would compromise the usability and/or security of Nozomics and consequently bring adverse impact on the value of Nozomics. Open-source codes rely on transparency to promote community-sourced identification and solution of problems within the code.
Update of the source code: The BSC source code could be updated, amended, altered or modified from time to time by the developers and/or the community of BSC. Nobody is able to foresee or guarantee the precise result of such update, amendment, alteration or modification. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects ZOMI and/or Nozomics operation or market value.
Internet transmission risks: You acknowledge that there are risks associated with utilizing internet based digital assets, products and websites including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that Nozomics shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our services, website, platform, ZOMI however caused.
Cryptography risks: You acknowledge that there are risks associated with cryptography, such as code cracking or technical advances such as the development of quantum computers, could present risks to all crypto currencies including ZOMI. This could result in the theft, loss, disappearance, destruction or devaluation of Nozomics. To a reasonable extent, Nozomics will be prepared to take proactive or remedial steps to update the protocol underlying Nozomics in response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. It is impossible to predict the future of cryptography or the future of security innovations to an extent that would permit the Nozomics to accurately guide the development of Nozomics to take into account such unforeseeable changes in the domains of cryptography or security.
Splitting and forking: The ZOMI INGAME COUPON is running on the Binance Smart Chain. The developers of Nozomics do not lead the development, marketing, operation or otherwise of the BSC. Anybody may develop a patch or upgrade of the source code of BSC source without prior authorization of anyone else. The acceptance of patches for BSC or upgrades by a significant, but not overwhelming, percentage of the users could result in a “split” or “fork” in the blockchain of BSC, and consequently the operation of two separate networks and will remain separate until the split or forked blockchains are merged. The temporary or permanent existence of split or forked blockchains could adversely impact the operation and the market value of Nozomics and in the worst-case scenario, could ruin the sustainability of Nozomics. While such a split or fork in the blockchain of BSC would possibly be resolved by community-led efforts to merge the split or forked blockchains, the success is not guaranteed and could take a long period of time to achieve.
Risk of unfavorable regulatory action in one or more jurisdictions: Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. Nozomics could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of ZOMI, which could impede or limit their existence, permissibility of their use and possession, and their value.
Risk of theft and hacking: Hackers or other groups or organizations may attempt to interfere with your third party wallet, the website or the availability of ZOMI in any number of ways, including without limitation denial of service attacks, sybil attacks, spoofing, smurfing, malware attacks, or consensus based attacks.
Risk of mining attacks: BSC blockchain, which is used for the ZOMI, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Mining attacks, as described above, may also target other blockchain networks Nozomics interacts with. Any successful attacks present a risk to the ZOMI.
Risk of loss of value and uninsured losses: Value of ZOMI may fluctuate and you may suffer loss in value of such acquired ZOMI. In addition to loss of value risk, ZOMI are entirely uninsured and are unlike bank accounts or accounts at some other financial institutions.
Unanticipated risks: Crypto currencies and blockchain technologies are new and untested technology and in addition to the risks outlined in these terms, there are also unforeseeable risks that may materialize as unanticipated.
You acknowledge, agree and warrant that you have been warned of the potential risks involved by using our services, website and product and other relevant technologies mentioned here as well as that there may be other risks involved, which are not specified here and that you fully accept such risks.
The User undertaking to use the services expressly acknowledges and represents that she/he has carefully reviewed the terms and fully understands the risks, costs and benefits associated with use of the services.
The user undertaking to use our services must ensure that she/he understands and has significant experience of crypto currencies, blockchain systems and services, and that she/he fully understands the risks associated with the token sale as well as the mechanism related to the use and custody of crypto currencies.
Nozomics shall not be responsible for any loss of ZOMI or situations making it impossible to access the ZOMI, which may result in any actions or omissions of the future user or any person undertaking to use the services.
Nozomics is not a provider of (a) exchange services between virtual currency and fiat currency, (b) wallet or custodial services of credentials necessary to access virtual currencies or (c) crypto currency mining services. User expressly agrees and acknowledges that anytime throughout the duration of these terms, ZOMI may require material, technical, commercial or any other changes and understands that an upgrade or modification of ZOMI may be required. If a user decides not to participate in such an upgrade, the user acknowledges and agrees that non-upgraded ZOMI may lose their functionality in full and that they may no longer use ZOMI.
User responsibility: By using the Nozomics gaming platform, the user agrees to the terms and in particular, they represent and warrant the following:
Users shall not perform any of the following acts in connection with the use of the services provided by Nozomics:
You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which you reside and from which you access the site, login to the site or participate in any game service. You agree to only participate in the game services only after you have determined in good-faith that you are in compliance with state, local and other governing laws and regulations.
Participation within the United States of America
Participation outside the United States of America
You agree to hold Nozomics harmless from any liability such that Nozomics cannot be held liable if laws applicable to you restrict or prohibit your participation in any game service or contests arranged and established through the platform or otherwise. Nozomics makes no representations or warranties, implicit or explicit, as to your legal right to participate in any game service facilitated nor shall any person affiliated, or claiming affiliation with Nozomics, have authority to make such representations or warranties.
Refunds and payouts: Under no circumstances will the ZOMI be refunded. Nozomics will not refund ZOMI losses incurred due to user negligence and lack of knowledge of service usage of the service. Nozomics is not responsible for any payment delays caused by delayed transactions on the blockchain network.
Change of service: Users may use the game service provided by Nozomics in accordance with these terms of services, policies and game rules established by Nozomics. The contents that Nozomics provides to its users through game services have comprehensive authority over the production, modification, maintenance and repair of the contents according to the company's needs. Nozomics can change the service according to operational or technical needs to provide smooth game services at Nozomics's discretion.
Collection of information: Nozomics may store the contents and records of games and services on the platform. This information will be shared with the user community through leaderboards and statistical information. Nozomics can collect and utilize the user's device information (setup, specification, operating system, version, etc.) for smooth and stable operation of the service and improvement of the service quality. Nozomics may request additional information from the users for the purpose of improving the service and introducing services to users. Nozomics has the right to check the service use of the user at any time. If the user’s malicious use is identified during such verification, the service can be restricted or the account in use can be closed.
Advertisements: mail, text message service (LMS/SMS), push notification, etc. only to users who agree to receive advertisement information. The user may refuse to receive the advertisement information at any time.
We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the services, information and functions made accessible through the services, any hyperlinks to third party websites, or the security associated with the transmission of information through the services, or any website linked to the services.
In using the services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any third party content and have no responsibility for third party content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of third party content is at your own risk.
Our services, website, platform, ZOMI may include links to third party websites, third party wallet providers or other service providers (“Third Party Sites”). If you use any links made available through our services, website, platform, application to reach other websites not maintained by Nozomics you will leave our services, website, platform, application. The linked sites are not under the control of Nozomics and Nozomics is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.
Nozomics shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through third party sites. Nozomics provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Nozomics of third party sites, nor does it imply that the linked third party sites recommends, approves of, or endorses Nozomics.
To the extent that copyright or other intellectual property rights exist on the Nozomics platform, website, ZOMI and services such as software, know how, analysis or programs, those copyrights and other intellectual and industrial rights belong to Nozomics or third party affiliates. Under no circumstances will these terms be construed as granting, by implication, estoppel or otherwise, a license to any intellectual property or components thereof other than as specifically granted in these terms. You agree that the intellectual property may be used only as provided in these terms. All rights not expressly granted here are reserved.
To the fullest extent permissible under applicable law, our service, website, ZOMI are provided on an “as is,” and “as available” basis, without warranties of any kind, express, implied or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, platform, ZOMI, any software or product contained in website, ZOMI and services and in general.
Nozomics does not warrant that the service, ZOMI token or website will be error free or uninterrupted or that any defects will be corrected in reasonable time. You acknowledge that your use of the service, platform and website is at your sole risk.
While every effort is made to ensure that information contained in the website or Nozomics is correct, Nozomics disclaims all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non infringement, title, merchantability or fitness of any information on the website and/or Nozomics.
Nozomics does not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the website or Nozomics or any site linked to the website. We will not be liable for the privacy or security of information, email addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our services, website or platform.
Nozomics shall not bear any liability, whatever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that communication services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Nozomics and/or users on the platform. If you have any uncertainty regarding the authenticity of any communication or notice, please contact[email protected] and notify the Nozomics team.
Nozomics, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, assumes no liability or responsibility for any loss raised from the token sale, arising out of or related to the use of the Nozomics platform or any technical, interruption or malfunction of the Nozomics platform, website, token, services or otherwise. In no event shall Nozomics, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatever, including without limitation any damages caused by or resuming from reliance by any user or any information obtained from Nozomics, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, suspension of BSC network communication failure, theft, destruction or unauthorized access to Nozomics's records, services, website, ZOMI. In addition to the above, Nozomics shall not be liable for any loss of profit, loss of business, trading losses, loss in value, or any other loss. This applies even if such damages are foreseeable.
You will defend, indemnify and hold Nozomics, its affiliates and licensors and its officers, directors, contractors, employees, agents and representatives, harmless from and against all claims, actions, demands, liabilities, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of our services, website, platform, ZOMI (b) your breach of these terms or any other liabilities arising out of your use of the services, website and product or the use by any other person accessing the website, service, platform, ZOMI using your computer and/or your personal information (c) your violation of any rights of any other person or entity in connection with these terms (d) third party claims concerning these terms or you thereof. You will promptly notify us of any third party claims, actions, or proceedings which you become aware of that involves Nozomics as a result of these terms. Nozomics may participate with counsel of its own choosing in any proceedings described above. Nozomics will be required to respond to compulsory legal orders, you will reimburse Nozomics for reasonable attorney and contractors fees for their time and material spent responding to obligatory legal orders. You will not agree to any settlement which imposes any obligation or liability for Nozomics without Nozomics's prior written consent.
In connection with your use of our services, website, platform, you may provide us with your feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material). We own the right to remove every one of your comments if you wish so.
This agreement is entered into for unlimited duration. We reserve the right to terminate and/or suspend your access to our services/website, without giving you prior written notice and delete all related information and files related to your use of our services, website, platform, mobile application, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that Nozomics provides in connection with your use of Nozomics services, website, platform and mobile application. You acknowledge and agree that Nozomics may provide these communications to you by posting them on its website or by emailing them to you at the email address you provide. Any email communication will be considered to be received by you within 24 hours after we email it to you and communication via our website will be effective upon posting. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
It is your responsibility to keep your email address with Nozomics up to date so that Nozomics can communicate with you electronically. You understand and agree that if Nozomics sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Nozomics will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Nozomics to your email address book so that you will be able to receive the communications we send to you. You can update your information at any time by sending such information to: [email protected]