CONDITIONS OF USE

DISCLAIMER

YOU ARE ONLY ABLE VIEW OR USE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE IF YOU ACCEPT ALL OF THESE TERMS. VIA APP, SMART CONTRACTS, WEBSITE, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU MUST NOT USE THE APP, THE SMART CONTRACTS AND THE WEBSITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

YOUR INSTALL, ENTRANCE OR USE OF THE WEBSITE, APPS OR SMART CONTRACTS CONSTITUTES YOUR AGREEMENTS TO THIS TERMS AND ANY FUTURE REVISIONS.

You are aware that BoomLand does not guarantee any profits in connection with the acquisition of the $BOOM Tokens, and the distribution process of these Tokens is executed via automated smart contracts on the Polygon blockchain network. You are also aware that any content and information contained on the www.boomland.io Website and in the documents mentioned hereinabove are not and shall not be perceived as β€œan investment advice" or β€œan investment recommendation" or an intermediary in such activity. Moreover, you acknowledge and fully accept that the activities of BoomLand do not in any way refer to investment, banking, insurance or reinsurance activities.

You are aware that there is a high risk associated with the operation of financial markets or markets related to virtual currencies (cryptocurrencies), in particular in terms of rapid price volatility in these markets, which may result in the loss of all means invested by you. In view of the above, you represent that the exchange (swap) of the $BOOM Tokens is solely your free will, which is preceded by an independently performed analysis of the project operating under the name β€œBoomLand".

You understand that the blockchain technology is a new technology and you accept all market and technological risks related to the exchange (swap) and use of the $BOOM Tokens and services related to these Tokens, such as e.g., play-to-earn. You also represents that you are not a citizen of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Distribution Process of the Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts.

You acknowledge and accept that the right to withdraw from the contract in connection with the exchange (swap) of the $BOOM Tokens has been excluded, therefore all transactions of the exchange (swap) of the Tokens are final and there is no possibility of a refund.

  1. GENERAL PROVISIONS

  1. Purpose

BoomLand is a virtual world of the Metaverse, based on network connections and new technologies, enabling Users to acknowledge the terms and conditions of exchange (swap) of $BOOM Tokens. Detailed terms and conditions of their exchange (swap) and use are specified herein, via information published directly on the Platform, as well as in the Whitepaper and other documents shared by the Service Provider.

  1. BoomLand / BoomLand Global / BoomLand Group

The Administrator and the Service Provider of the Platform https://boomland.io are, acting jointly:

  1. BoomLand FZ-LLC with its registered office in Ras Al Khaimah Economic Zone, EIB-621A Emirates Islamic Bank Building, RAKEZ Business Zone-FZ, RAK (the United Arab Emirates), license number 45000886, registration number 0000004036488.

  2. BOOMLAND GLOBAL spΓ³Ε‚ka z o.o. with its registered office in GdaΕ„sk, at: ul. Zacna 2, 80-283 GdaΕ„sk, Poland, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court GdaΕ„sk-PΓ³Ε‚noc in GdaΕ„sk, VII Economic Division of the National Court Register, under KRS number: 0001058226, NIP: 9571163148, REGON: 521683174, with share capital of 20,000.00 PLN (twenty thousand 0/100 PLN), paid in full.

Both entities are part of the BoomLand Group. All representations shall be directed to the relevant entity only. Contact with the Service Provider is available at e-mail: legal@boomland.io. For the purposes hereof – the Platform, the Administrator and the Service Provider are referred to jointly as β€œthe BoomLand”.

  1. Services

The Terms and Conditions define the rules for using the Internet Platform available at: https://boomland.io/ as well as for the provision of electronic services via it. The BoomLand is the entity that manages the Platform, while Users exchanging (swapping) Tokens may establish relationships on the basis of separate terms and conditions or conditions for the service provision, including in particular, but not only, on the basis of information and documents provided by entities of the BoomLand Group.

  1. Terms and Conditions and other Documents

Each User is obliged to comply with the provisions hereof while taking steps to use the Platform. The content hereof is available to Users on the Platform at https://wp.boomland.io/boomland/legal/terms-and-conditions. The user is obliged to read the content hereof. Acceptance hereof is voluntary, but it is a condition of using the Platform. Documents intended for Users are made available in electronic form on the Platform in such a way that Users can store and retrieve them in the course of ordinary activities.

  1. Interpretation of the Provisions hereof

Headings are purely ordinal and may only support the interpretation and clarification hereof. A reference to documents is a reference to the relevant document and any subsequent amendment or modification thereof, unless otherwise stated in the content of the reference;

Here, unless the context requires otherwise:

  1. words describing a kind refer to all kinds,

  2. singular words refer to also as plural, and plural words refer to also as singular,

  3. capitalized words refer to definitions in (II) hereof;

The content of the Whitepaper affects the interpretation of the provisions hereof, and these documents are treated as mutually explanatory.

  1. Reservations to the Exchange (swap) of the Tokens

In any way, the activity of the Service Provider does not refer to investments as investment funds. Possible expressions referring to obtaining benefits via the Platform shall be defined solely as exercising the rights implemented in a given Token. The activity of the Service Provider and other entities of the BoomLand Group shall not be perceived as investment advising or investment recommendations, or intermediation in such advice or recommendation, or managing of any assets relating to the Tokens.

  1. DEFINITIONS

  1. Service Provider / Administrator

Acting jointly:

  1. BoomLand FZ-LLC (register number 0000004036488) having its registered office in Ras Al Khaimah Economic Zone, EIB-621A Emirates Islamic Bank Building, RAKEZ Business Zone-FZ, RAK (the United Arab Emirates), license number 45000886, an entity of the BoomLand Group.

  2. BoomLand Global spΓ³Ε‚ka z ograniczonΔ… odpowiedzialnoΕ›ciΔ… (with its registered office in GdaΕ„sk, Zacna 2 street, 80-283 GdaΕ„sk, Poland, registered in the National Court Register by the District Court for the GdaΕ„sk-PΓ³Ε‚noc in GdaΕ„sk, VII Commercial Division of the National Court Register, under KRS no.: 0001058226, NIP: 9571163148, REGON: 526396309, share capital PLN 5.000,00 (five thousand 0/100 PLN).

  1. BoomLand Group

all entities controlled and having a personal or capital connection with BoomLand FZ-LLC of Ras al Khaimah (United Arab Emirates) and BoomLand Global of Gdansk (Poland).

  1. Platform

an Internet website under the domain: https://boomland.io/;

  1. User

A Token holder who is a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law to participate in the Platform, if applicable in the place of temporary or permanent residence;

  1. Services Exchange of the Tokens / Swap of the Tokens

Digital services provided via the Platform, in particular making the Metaverse available, and terms and conditions for the possibility of exchanging (swapping) Tokens.

  1. Metaverse

a virtual world dedicated to Users, managed by BoomLand, where it is possible to use Tokens in accordance with the documents provided by the Service Provider.

  1. Crypto Assets/Tokens

the term refers to the convertible tokens $BOOM issued by the Service Provider in the ERC-20 standard in the Etherum blockchain and non-convertible NFT tokens provided in the Metaverse in the ERC-721 standard in the Etherum blockchain, the detailed operating conditions of which are described in the documents provided by the Service Provider.

  1. Token Distribution Process

refers to the issuing process of the Tokens using blockchain technology, as part of which it is possible to exchange (swap) the Tokens by the User and entitlements defined in the Whitepaper

  1. Whitepaper

a document specifying terms and conditions of the Platform and Tokens functioning and also a possibility to join the Distribution Process of the Tokens for the User. The document is available at: https://wp.boomland.io/boomland;

  1. KYC/AML

a set of activities as a result of which information on a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing.

  1. Teleinformatic system

a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.

  1. Providers

external entities, in particular entities belonging to the BoomLand Group, that provide or may provide services and content on the Platform.

  1. Access and Use of the Platform

  1. Platform Access

The Platform is accessible for users of devices with the Internet connection. In order to use the Platform, the User shall enter correctly the website address and run it on his/her device that supports the ICT system. Services available on the Platform are provided 24 hours a day, 7 days a week, at the User's individual request, based on running the Platform and using the Services.

  1. Restrictions

Use of the Services may be territorially restricted. The Service Provider offers access to the Services in accordance with local law. The Service Provider does not allow the use of the Services by Users under the jurisdiction of: Afghanistan, Libya, Serbia, Belarus, Somalia, Cuba, Sudan, South Sudan, Democratic Republic of the Congo, North Korea, Burundi, Syria, Egypt, Republic of Guinea, Bissau, Tunisia, Eritrea, Iran, the Central African Republic, Venezuela, Iraq, the Republic of the Union of Myanmar, Yemen, Lebanon, Russia, Zimbabwe. The Service Provider reserves the right to choose, limit or refuse to provide services in a particular jurisdiction at any time.

  1. Terms and Conditions of Using the Platform

Users are required to use the Platform in a manner consistent with applicable law, herewith, regulations of websites and the Providers, as well as the principles of social coexistence, including the general principles of using the Internet and websites, and respecting the rights of third parties and the Service Provider. In particular, the User is obliged to use the Platform in a way that does not interfere with its functioning, is not inconvenient for other Users and the Service Provider and respectful for the personal rights of third parties (including the right to privacy) and any other rights they are entitled to. In addition, the User is obliged to use all information and materials shared via the Platform only within the scope of fair use and potential licenses.

  1. Forbidden Content

The User is obliged not to provide illegal or offensive content, content that violates the personal rights of third parties, inciting to commit a crime, as well as vulgar statements, as well as advertising content without the prior consent of the Service Provider. The Users are obliged to immediately notify the Service Provider of any violation of their rights in connection with the use of the Platform.

  1. Results of the Violations

If it is found that the User commits activities prohibited by law or hereby, or violates the principles of social coexistence or prejudicial to the legitimate interest of the Service Provider, the Service Provider may take all legally permitted actions, including limiting or preventing the User from using the Platform and provided Services via the Platform.

  1. External Services and Content

The Service Provider, in cooperation with the Providers, may provide Users with additional services and content on the Platform. Terms and conditions for the provision of electronic services as part of those websites are set out in the individual regulations of the websites. Using additional services and content requires reading and accepting their terms and conditions. In the event of a conflict between hereof and terms and conditions of additional services and content, the provisions of individual websites shall apply. In matters not covered by provisions of individual websites, the provisions hereof shall apply.

  1. CONCLUSION OF THE AGREEMENT

  1. Users

The agreement shall be concluded by natural persons, legal persons and other organizational units to whom separate provisions assign legal capacity. The age of majority is determined by law of the country in which the User lives and the minimal age is 18 years old.

  1. Agreement

The moment of accepting hereof is the moment of concluding the agreement on the provision of electronic services between the Service Provider and the User. The Agreement is concluded for unspecified term. Joining the Token Distribution Process, the User concludes the agreement on provision of services by electronic means and confirms acknowledging hereof, and in particular:

  1. Appendices;

  2. The scope of the provided Services;

  3. Whitepaper;

  4. Presence of risk specified herein and in the Disclaimer

  1. Agreement Termination

Both the User and the Service Provider have the right to terminate the agreement on service provision by electronic means at any time, without justification. The declaration of terminating the agreement may be submitted in writing or by e-mail to the following address: legal@boomland.io and is effective upon its delivery to the other party.

  1. Representations on the Token Distribution Process

The User represents that as a part of the Token Distribution Process, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Token Distribution Process only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts.

Also, the User represents that the financial means used to join the Token Distribution Process have legal sources. The User participating in the Token Distribution Process accepts that the Tokens are not:

  1. a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate within the meaning of the relevant national acts at the place of the Service Provider's main office;

  2. a packaged retail investment product within the meaning of Article 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.

  1. User’s Representations

The User accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that:

  1. The Token Distribution Process is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the Service Provider's activity is not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts in the place of the Service Provider's main office;

  2. the Service Provider does not guarantee the User that the Token Distribution Process as well as the acquisition of Tokens bring the User expected outcomes, results, or economic or financial profits;

  3. by joining the process of exchanging the Tokens, the User does not in any way join the Service Provider's company, does not form a company with the Service Provider, and does not acquire corporate rights in the Service Provider's company and does not enter into a similar legal relationship with the Service Provider, including e.g. a joint venture.

  1. Withdrawal from the Agreement

If the User is a consumer, the Service Provider informs, and the User accepts, that the right to withdraw from the Agreement is excluded due to:

  1. the subject of the provided Services (providing digital content);

  2. payments in virtual currencies are related to the financial market over which the Service Provider has no control, which results in the volatility of their (virtual currencies) price.

  1. Duration of the Agreement

The Agreement is concluded for an indefinite period of time. The User may terminate the Agreement by sending an appropriate notification to the Service Provider. The Service Provider may retain the data necessary to identify the User in the event of claims or enquiries by authorised bodies.

  1. Termination of the Agreement

The Service Provider reserves the right to terminate the Agreement on grounds of an essential reason with the immediate effect, especially, on grounds of the User’s violation hereof, which is considered in particular the dissemination of information by the User that adversely affects the activity of the Service Provider.

  1. USER CONTENT IN THE METAVERSE

  1. Property Rights and User Content

The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by BoomLand in accordance with its policies. BoomLand has the right to monitor, record or store the User’s interactions with the Services, BoomLand or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomLand may also edit, refuse to post, or remove any User Content. However, BoomLand shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomLand shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomLand’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomLand any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.

  1. License to User Content.

User hereby grants BoomLand an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles BoomLand to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:

  1. any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;

  2. any transactions with the User Content’s original and copies made in accordance with point i) – placing them on the market, renting, lending;

  3. any other distribution, including: (a) any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services; (b) any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter (i); (iii) any public performance, display, exhibition, and in relation to User Content computer program layer also in the following fields of use: (a) permanent or temporary duplication of the software in whole or in part, by any means and in any form; (b) distribution, including lending or rental of software or a copy thereof.

  1. Fields of exploitation

BoomLand may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content. On the basis of the given consent by User, BoomLand can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy of the Platform.

  1. Waiver

User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.

  1. Disclaimer

BoomLand does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.

  1. EXCHANGE OF THE TOKENS AND SERVICE USE

  1. Tokens

As a part of the activities performed on the Platform in relation to the functionalities offered by the smart contract, the User obtains the option of exchanging the Tokens hereunder. Details on how to exchange Tokens are each time specified by the Platform, smart contract or other entities to which the Platform redirects (e.g. Metamask), in terms of making payments for the exchange of Tokens. The exchange of the Tokens entitles the Users to obtain the benefits specified in the Whitepaper, subject to provisions hereof.

A Token is a form of value that has been generated on the BNB Smart Chain network in the BEP-20 standard. The collection of Tokens by the User takes place instantly via the blockchain network once the payment has been correctly made by the User. All information about Tokens is provided via the Platform in a location visible to the User or via third party services to which the Platform redirects.

  1. Way to exchange Tokens

The User, via the Platform and third party websites, in particular via the blockchain network, obtains the possibility of exchanging Tokens as a digital representation of the value generated in the blockchain network. Details on the method of exchanging the Tokens and their value expressed in the price - each time determined by third parties or websites of these third parties.

Blockchain networks require the payment of a transaction fee (hereafter referred to as β€œGas Fee”) for every transaction that occurs on the blockchain networks. The User acknowledges and accepts that all transactions in blockchain technology (including transactions related to the Tokens) are final and it is not possible to return.

The collection of the Tokens takes place immediately via the smart contact using the blockchain technology or other services that enable an automated operation of payment processing in return for the acquisition of the Tokens by the User. This information is made available by the Service Provider on the Platform in a place visible to the User. The User may freely dispose the Tokens to third parties, pursuant to the Whitepaper, using blockchain technology.

  1. Safety

Each User undertakes to use the Platform in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords, logins and personal access keys to the Tokens against third parties access. Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Tokens belonging to the User are not the liability of the Service Provider.

The Service Provider does not process or store access data enabling the management of the Tokens, including Users' private keys. The User is obliged to protect the access data mentioned hereinabove, because in the event of their loss the Service Provider shall not recover them. In the event of loss of access data, including in particular private keys, the User may lose all his/her Tokens, assigned to a given wallet address, for which the Service Provider shall not be liable.

  1. Knowledge of the Blockchain Technology

The User represents that he/she is familiar with the Token Distribution Process, its mechanism, as well as the scope of services provided by the Service Provider and additional materials in the form of the Whitepaper, also the User has obtained all necessary information and data that he/she considers sufficient to decide on the acceptance hereof, and joining the Distribution Process of the Tokens, and that he/she has extensive knowledge in the field of functioning, use or usability of software based on blockchain technology.

  1. Fees and price.

Crypto Assets, fees, and billing procedures may change over time. The existence of a particular offer for Crypto Assets does not mean BoomLand will maintain or continue to make available that particular Crypto Assets or that particular offer. The scope, variety, and type of Crypto Assets that User may obtain can change at any time and BoomLand has the right to manage, regulate, control, modify, or remove any or all Crypto Assets being in the possession of BoomLand’s in its sole discretion, in which case, unless prohibited by applicable law, BoomLand shall have no liability to User or anyone for the exercise of such rights. Unless prohibited by applicable law, User’s continued use of the Platform after notice of the changes will indicate User’s acceptance of those changes. The price of Crypto Assets on secondary markets may vary depending on a variety of factors including where or how User obtains them. The price and availability of Crypto Assets on secondary markets may change without notice. You expressly acknowledge and agree that your participation in Platform, and your receipt and possession of any Crypto Assets, is voluntary and for entertainment purposes only.

  1. Services and Platform breaks.

Breaks of technical causes may occur during functioning of the Platform and the Services. The User has no claims resulting from the suspension or termination of the Services provision by the BoomLand. The provision of the Services may be interrupted in the event of inappropriate connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties.

  1. Blocking the Access.

BoomLand has the right to block access to the Platform and the Services or individual functions in the event of irregularities in the use of the Platform or/and the Services, in particular in the event of circumstances that could harm the User or the BoomLand. The Service Provider shall not be liable for the temporary suspension of access to the Platform and Services for the period necessary to remove any threats or irregularities.

  1. No Warranties.

BoomLand does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BoomLand does not warrant that its Services will suit the User’s purpose of use.

  1. Updates.

To provide the Service’s proper performance, BoomLand at its sole discretion, has the right to update its Service without prior notification. To continue using of the BoomLand’s Services the User must accept these updates, including updates of third parties’ software from time to time.

  1. Tax Obligation.

The User is obliged to determine how and according to what law the taxation shall be carried out in connection with the exchange of the Tokens and to pay the tax to the competent tax authorities for a particular User. The Service Provider is not liable in any way for incorrect tax settlement of the User due to the exchange of the Tokens.

  1. Risk assumptions.

While BoomLand has taken a number of precautions to ensure the security of the Crypto Assets, the technology is relatively new and it is not possible to guarantee that the code is 100% free from exploits, bugs or errors. User accept all risks that arise from using the Platform and Crypto Assets, including but not limited to the risk of any funds being lost due to a failure of the Platform. Your Crypto Assets may be lost, stolen, or otherwise rendered unusable due to bugs in smart contracts implementing the Platform. You accept and acknowledge each of the following:

  1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any exchangers of Crypto Assets will not lose money.

  2. BoomLand does not store, send, or receive Crypto Assets - they are maintained on the blockchain network.

  3. User acknowledges and understands that there are risks associated with using an cryptocurrency (Tokens), including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. User accepts and acknowledges that BoomLand will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network.

  4. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the BoomLand’s ecosystem, and therefore the potential utility or value of Crypto Assets.

  5. Transactions that take place on the Platform via blockchain are managed and confirmed via the blockchain network. You understand that your cryptocurrency wallet public address will be made publicly visible whenever you engage in a transaction on the Services or/and the Platform.

  6. BoomLand neither owns nor controls any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform (e.g. Google, Opensea, Metamask etc.). BoomLand shall not be liable for the acts or omissions of any such third parties, nor shall be liable for any damage that User may suffer as a result of User’s transactions or any other interaction with any such third parties.

  1. PAYMENTS FOR THE TOKEN EXCHANGE

  1. Unit of Account

The User represents that the unit of account for the exchange of the Tokens, in connection with joining the Token Distribution Process, are virtual currencies, each time specified by websites (payment processors) enabling the exchange of the Tokens, and accessible via the Platform in the form of ICT links redirection.

  1. Fee and Transaction Time

The fees are determined each time by the payment processors that enable the exchange of the Tokens. The execution time for the delivery of the Tokens is automatic and depends on the individual payment processor used by the User each time. The execution of the transfer of the Tokens to an individual User, as a rule, is immediate if the User makes a correct payment, in accordance with the messages posted on the Platform or on the website of a particular payment processor, subject to the possibility of extending this deadline in the event of situations beyond the Service Provider's control, such as e.g. technical breaks, blockchain network failures or occurrence of force majeure in the broad sense, up to a maximum of 7 days.

  1. Minimum Amount

The minimum amount of payment for the exchange of the Tokens specifies a form or message available on the website of a particular payment processor, in the scope of information also available on the Platform or specified in the Whitepaper.

  1. NOTIFICATIONS AND COMPLAINTS

  1. Contact with the Service Provider

All notifications about functioning of the Platform and Services provided via it, as well as questions about using the Platform shall be directed to the Service Provider via e-mail address: legal@boomland.io.

  1. Content of the Notification

The notification shall include: User’s data, contact, reasons for notification and detailed description.

  1. Response to the Notification

Within 30 days from the date of receiving a notification, the Service Provider considers the notification and informs the User about the result of its consideration. This period may be extended if the consideration of the complaint requires special information or the Service Provider encounters other difficulties beyond its control or if it is necessary to obtain additional information from the User. The reply to the complaint shall be sent by the Service Provider to the e-mail address from which it was received. Sending a complaint by the User in an electronic form is understood as a consent to receive a response from the Service Provider also in electronic form.

  1. Disputes

All disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and BoomLand. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact the Service Provider pursuant to provisions (VII) hereof.

If the above requirements are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of the registered office of the Service Provider. At the same time, the User acknowledges and accepts that disputes arising herefrom may only be considered on the basis of an individual case of the User. In no way the Service Provider is obliged to settle disputes as collective cases or collective actions.

  1. Reservations

The Service Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular to the extent that the complaint has already been examined in relation to a given User.

  1. ADDITIONAL INFORMATION ON THE SERVICES

  1. System Operation

The Service Provider ensures the operation of the ICT system which is used in such a way that every User may terminate the use of the Services at any time.

  1. Cryptographic Techniques

The Service Provider shall ensure the operation of the ICT system, which is used, in such a way as to prevent unauthorized access to the content of transmission of electronic services, in particular using cryptographic techniques.

  1. Competent Entity

The Service Provider shall provide unambiguous identification of the parties of electronic services and due diligence to ensure the User of the competent entity who provides a product or service provided within the Platform.

  1. Technical Risk

The Service Provider reserves that the use of electronic services may entail a technical risks, typical for the use of ICT systems. The User should protect own electronic connections and devices against unauthorized access, including in particular, installing anti-virus software or take further actions.

  1. Software Function and Purpose

Updated information about the function and purpose of the software or data that are not part of the content of the electronic service entered into the ICT system used by the User (cookies) is in the Privacy Policy of the Platform.

  1. System Requirements

In order to use the service provided by electronic means within the Platform, the User shall meet the following technical requirements necessary for cooperation with the ICT system of the Service Provider: using a device enabling the use of the Internet, connection to the Internet, using a browser enabling the display of websites, e.g. Internet Explorer versions 5.5 and higher, or Opera versions 7 and higher, or Firefox versions 1 and higher, or Google Chrome 5.0 and higher, or Safari 5 or higher with cookies setting enabled, SSL and JavaScript enabled encryption, and an active e-mail account, i.e. e-mail address.

  1. Problem Diagnosis

The Service Provider reserves the right to intervene in the technical structure of the User Account to diagnose irregularities in the operation of the Services, and is allowed to change or affect the technical side of the User Account in any manner to modify or restore the correct operation.

  1. LIABILITY OF THE SERVICE PROVIDER

  1. Duty of the Service Provider

The Service Provider supervises the technical functioning of the Platform on an ongoing basis, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all functions of the Platform, as well as their error-free operation.

  1. Exemption of Liability

The User uses the Platform voluntarily, at own risk. The Service Provider's liability for any damage arising in connection with the use of the Platform, and in particular its lack of functioning, as well as malfunctioning, is excluded to the fullest possible extent, legally permissible.

The Service Provider is not liable for limitations or technical problems in ICT systems used by Users' Devices, which prevent or limit Users from using the Platform and the Services offered via it. The Service Provider is not liable for the User's unsatisfactory quality, performance and accuracy of the Platform.

  1. Service Provision Breaks

Breaks of technical causes may occur during functioning of the Platform. The User has no claims resulting from the suspension or termination of the Services provision by the Service Provider.

The provision of the Services may be interrupted in the event of inappropriate connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties.

  1. Blocking the Access

The Service Provider has the right to block access to the Platform or individual functions in the event of irregularities in the use of the Platform, in particular in the event of circumstances that could harm the User or the Service Provider. The Service Provider shall not be liable for the temporary suspension of access to the Platform for the period necessary to remove any threats or irregularities.

  1. Access Fees

Access to the Platform is free of charge, subject to the data transmission costs required to run and use the Platform, which the User is obliged to cover on his/her own. The Service Provider is not liable for the amount of fees charged for the use of data transmission necessary to use the Platform.

  1. COPYRIGHTS AND INTELLECTUAL PROPERTY

  1. Competent Entity

The Service Providers has all rights to the Platform, including proprietary copyrights to the Platform, as well as to its individual parts, in particular to text, graphic and multimedia elements as well as programming elements generating and operating the Platform, including industrial property rights and any other derivative rights, excluding the content provided by Providers or Payment Operators.

  1. License

Upon the use of the Platform and the acceptance hereof by the User, the Service Provider grants the User a non-exclusive license to use the Platform, to the extent of the Services used by the User. The license is non-transferable and is granted for the duration of the User's use of the Platform in accordance with its purpose and in a manner consistent herewith.

The non-exclusive license granted to the User does not authorize the User to grant further licenses. Furthermore, the User is not authorized to act outside the scope of the License.

Transferring the content of the Platform to third parties is allowed only with the use of tools contained on the Platform and intended for this purpose.

The User has no right to reproduce, sell or otherwise market or distribute the Platform's source code, in whole or in part, in particular to send or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.

  1. Non-convertible Tokens Copyrights

The Service Provider declares that it is an entity authorized in the field of copyright to works related to individual non-fungible tokens (NFT).

The Service Provider, in connection with the User's exchange (swap) of non-fungible tokens, grants him/her a non-exclusive license, unlimited in time and territory, to use the work in a form of the token in the following scopes of use:

  1. recording and reproducing the work - producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology,

  2. in terms of trading in the original or copies on which the work was recorded - trading, lending or renting the original or copies,

  3. disseminating the work by public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and time chosen by him/her;

The Licensee (User) may, within the scope of his authorization, grant further sub-licenses for which the Licensor (Service Provider) agrees. Sub-licenses shall be granted in the case of transfer of the Tokens in the manner specified herein. The remuneration for granting a license and further sub-licenses is included in the exchange (swap) price of NFT tokens for the original exchange (swap) of a convertible token.

Along with the termination referred to in point 4, the granted licenses are terminated with a 7-day notice period. For the use of the work after this period, the Service Provider shall be entitled to charge additional remuneration. All provisions regarding the granted license, set out in this section, also apply to further sub-licenses granted by Users.

  1. Breach of the License Terms and Conditions

In the event of a breach by the User of the terms and conditions of using the Platform or the licenses granted, the Service Provider shall be entitled to block the User's access to the Platform and revoke the granted license. The above does not prejudice the Service Provider's right to take other appropriate and legal actions in connection with the breach.

  1. AML/KYC

  1. Service Provider’s Duties

Within the activity of the User on the Platform, the Service Provider verifies the User pursuant to international provisions of law on, out of many, anti-money laundering and counter-terrorism financing (AML/KYC). The verification levels and required documents are determined on the Platform and in separate documents. According to legal requirements, the Service Provider verifies the Users repeatedly if it is necessary, on the basis of internal security procedures. Additional verification may involve the need to send other documents confirming the identity of a User.

  1. Procedure

The verification procedure may, in particular, consist in requesting additional data, in particular:

  1. personal data confirmed by an identification document;

  2. documented sources of means;

  3. other data required by the Service Provider.

Failure to provide the requested data may result in the suspension of the transaction and, consequently, refusal to execute it.

  1. FINAL PROVISIONS

  1. Amendments

The Service Provider has the right to amend the Terms and Conditions without justification. The Service Provider shall notify the User about amendments in a clearly visible place on the Platform. If the user does not agree to the amendment hereto, the User is allowed to withdraw the Agreement.

  1. Transformation or Transfer of Rights

The User acknowledges and accepts that the Service Provider may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.

  1. Relevant Jurisdiction

Law applicable to the provisions hereof, as well as to all the disputes between the Service Provider and the User shall be law of Poland.

  1. Nullity

No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire document is null and void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.

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