By using the App and the services available through the App (Services), you are confirming that you have read, understand and agree to be bound by ALL of these Terms. If you do not agree and/or accept ALL of these Terms, then you are expressly prohibited from using the Services and must discontinue the use immediately.
The information on the Site, the Game, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the Game while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
The Site is intended for players who are at least 21 years old. People under the age of 21 are not permitted to use or register for the Site, the Game, and the Smart Contracts.
GAMES AND NFTs
W3POKER is a social gaming platform and we hope to deliver fun, social entertainment experiences through our game. There is no payment required for downloading or accessing the App, or creating an account on the App. Players may purchase PASS NFTs to access additional features such as complete missions, collect mascots, upgrade NFTs, and compete against each other on the daily leaderboard to earn credit, thereby incentivizing and encouraging daily gameplay and competition amongst players.
The Applications may include a virtual, in-application currency and utility token (“In-game Currency”) including, but not limited to tokens, W3POKER money, virtual chips, trophies. The value of virtual currency is subjective. Prices of virtual currency is subject to volatility and fluctuations. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
Players do not transact with or make transaction requests with us, but all transactions will be carried out directly between players, peer to peer, via the Smart Contracts deployed on the BNB Chain network/other blockchain networks, in a non-custodial manner.
We do not collect or retain any information on players of Game – in particular we do not collect any private keys of players and hence do not have control over any player's digital assets.
Given that the Game is a social gaming platform, we shall not be deemed to be providing any regulated services within the scope of any gambling or similar laws. Notwithstanding any of the foregoing, you are recommended to check with current laws in your area before playing. It is your responsibility to know and respect the local laws in place and you shall not be allowed to participate in the Game in the event that your participation in the Game is deemed to be covered by any applicable gambling laws.
PASS NFT and MASCOT NFT (NFT)
You understand and accept that the NFTs:
is not a loan to us or any affiliated entity (each, a "Group Entity");
does not provide you with any ownership or other interest in any Group Entity, or any other company, enterprise or undertaking, or any kind of venture;
is not intended to be a representation of currency or money (whether fiat or virtual or any form of electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;
is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
is not a commodity or asset that any person is obliged to redeem or purchase;
is not any note, debenture, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person;
is not intended to be a security, commodity, financial derivative, commercial paper or negotiable instrument, or any other kind of financial instrument between the relevant holder and any other person, nor is there any expectation of profit; and
is not an offer or solicitation in relation to gaming, gambling, betting, lotteries and/or similar services and products.
The NFTs are designed only for the particular uses with respect to the Game ecosystem, it is not necessarily merchantable and does not necessarily have any other use, monetary value or value. The NFTs are designed and sold as a useable virtual good, without any specific outlook or expectation on its merchantability or market price.
The NFTs are not consumer products and to the maximum extent permitted by law, its holders accept explicitly and agree that they are not covered by the consumer protection regulation of any jurisdiction.
You agree that, if we deem it to be desirable, we shall at any time be entitled to re-position, re-brand, re-package or re-market the "W3POKER" brand/image/goodwill and the NFTs.
(e) The NFTs do not have any tangible or physical manifestation, and do not have any intrinsic value (nor does any Group Entity or any other person make any representation or give any commitment as to its value).
OPEN SOURCE SOFTWARE
We may make (but are not obligated to make) any smart contracts or source code written by us available for download as open source or copyleft software. You agree to be bound by, and comply with, any license agreement that applies to such software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of such software. Where we enable you to access and use such software through our websites (including the Site), then these Terms will apply to such access and use, as well as any license agreements that we may enter into with you.
You also acknowledge that the open source or copyleft software may be written upon by any person and we shall not be responsible for any output therefrom.
The software will not be represented, maintained or monitored by an official organization or authority. Third parties not affiliated with us may introduce weaknesses or bugs into the supporting infrastructure elements of the open-source code which may negatively impact the NFTs, resulting in loss of trust in security or operations.
INTELLECTUAL PROPERTY RIGHTS
For the purposes of these Terms, the following capitalized terms will have the following meanings:
"Art" means any art, design, and drawings that may be associated with an NFT that you Own.
"Own" means, with respect to an NFT, an NFT that you have created, purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
When you Own the NFT, it is an NFT on the relevant blockchain network which comprises, inter alia, a licence to display the Art. When you purchase an NFT, you own the non-fungible NFT token completely. This means that you have the right to trade your NFT, sell it or give it away, and are fully responsible for all activities and interactions carried out in connection with the NFT. Ownership of the NFT is governed entirely by the Smart Contract and the relevant blockchain network.
We own the Site. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all other elements of the Game and the Site, and all intellectual property rights therein (including, without limitation, all Art, the Game ecosystem, all designs, systems, methods, information, computer code, software, services, website design, "look and feel", themes, organization, compilation of the content, code, data and database, functionality, audio, sound effects, video, animation, text, photograph, artwork, graphics, objects, characters, character names, stories, dialogue, and all other elements of the Game (collectively, the "Materials"). You acknowledge that the Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Materials are our copyrighted property (or that of our licensors), and all trademarks, service marks, and trade names associated with the Game or otherwise contained in the Materials are proprietary to us or our licensors. Except as expressly set forth herein, your use of the Game or NFT does not grant you ownership of or any other rights with respect to any content, code, data, or other Materials that you may access on or through the Site. We reserve all rights in and to the Materials that are not expressly granted to you in these Terms.
You understand and agree: (i) that your purchase of an NFT, whether via the Site or otherwise, does not give you any rights or licenses in or to the Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, royalty-free license to display the Art for your NFT and to access the Game ecosystem, solely for the following purposes: (i) for your own personal use; (ii) to play the games or utilise the NFTs within the prescribed parameters; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the NFT leaves the website/application. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our express prior written consent in each case: (i) modify the Art for your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes; (ii) use the Art for your NFT to advertise, market, or sell any third party product or service; (iii) use the Art for your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal use; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your NFT; or (vi) otherwise utilize the Art for your NFT for your or any third party’s benefit.
The provisions of this Section will survive the expiration or termination of these Terms.
By using the Site, the Game and the Smart Contracts, you represent and warrant that:
• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with these Terms;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Site, the Game and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. In particular, any party abusing public APIs by spamming requests will be banned from using such APIs in the future;
• you will not use the Site, the Game, and the Smart Contracts for any illegal and unauthorized purpose;
• your use of the Site, the Game, and the Smart Contracts will not violate any applicable law or regulation applicable to you (including without limitation any gaming/gambling legislation). If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the Game, and the Smart Contracts (or any portion thereof);
• you can only play on one account in any 24-hour period;
• you will not manipulate the rewards system (including without limitation multi-accounting);
• you have not been included in any trade embargoes or economic sanctions list (such as United Nations Security Council Sanctions list), the List of Specially Designated Nationals maintained by OFAC, or the Denied Persons or Entity List of the U.S. Department of Commerce.
• We reserve the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of our App and its Services in certain countries or regions.
You may be required to register with the Site, the Game, and the Smart Contracts. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site, the Game, and the Smart Contracts for any purpose other than that for which we make the Site, the Game, and the Smart Contracts available. The Site, the Game, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with us. In particular, you shall not:
• Use the Site, the Game and the Smart Contracts in connection with any gambling, wagering, moneylending, extortion or other illegal activities.
• Systematically retrieve data or other content from the Site, the Game, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site, the Game and the Smart Contracts, including collecting usernames and/or email addresses of players by electronic or other means for the purpose of sending unsolicited email, or creating player accounts by automated means or under false pretenses.
• Use the Site, the Game and the Smart Contracts to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, the Game and the Smart Contracts, including features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Site, the Game and the Smart Contracts and/or the Materials contained therein.
• Engage in unauthorized framing of or linking to the Site, the Game, and the Smart Contracts.
• Trick, defraud, or mislead us and other players, especially in any attempt to learn sensitive account information such as player passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site, the Game, and the Smart Contracts or the networks or services connected to the Site.
• Attempt to impersonate another player or person or use the username of another player.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Site, the Game, and the Smart Contracts in order to harass, abuse, or harm another person.
• Use the Site, the Game, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the Game, and the Smart Contracts and/or the Materials for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the Game, and the Smart Contracts.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the Game, and the Smart Contracts.
• Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, the Game, and the Smart Contracts to you.
• Delete the copyright or other proprietary rights notice from any Materials.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the Game and the Smart Contracts.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the Game and the Smart Contracts, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the Game, and the Smart Contracts.
• Use the Site, the Game, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
• Collusion and cheating by players, for example by sharing poker "hole" cards or by any other methods is strictly forbidden. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit players from playing at any particular table or event/tournament, including restricting two or more players from playing together at the same table or in the same tournament. In addition, we reserve the right to consider any collusion or attempt at collusion between players as a material breach of these Terms and accordingly we shall have the right to terminate a player's account if a player engages or attempts to engage in any such activity, regardless of the outcome of such attempt. Players should report any suspected collusion or cheating to us. Player Assistance Tools. We prohibit ("External Tools") that are designed to provide an unfair advantage to certain players using these External Tools. For the purpose of these Terms, "External Tools" means external player assistance tools such as computer software and non-software-based systems (e.g. web sites, subscription services and physical materials), and includes without limitation accessing or compiling information on other players beyond that which the player has personally observed through the player's own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.
• You agree that we may take steps to detect and prevent the use of prohibited External Tools. These steps may include, but are not limited to, examination of software programs running concurrently while the player is playing the Game on their device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
• The use of artificial intelligence including, without limitation, "robots" or "bots" is strictly forbidden in connection with the Game. All actions taken in relation to the Game by a player must be executed personally by players through the player interface accessible on the Site, and without the assistance of any form of artificial intelligence.
• We strictly prohibit "chip-dumping", which occurs when any player intentionally loses a poker hand in order to deliberately transfer his chips to another player. Any player who participates or attempts to participate in chip-dumping with any other player, while playing the Game may be permanently banned from the Game and their player account and right to access the Game or the Site may be terminated immediately. In such circumstances we will be under no obligation to return or credit any chips that may be in the player account at such time.
• In the event that we deem that a player has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while playing the Game or using any of our services, products or facilities, including without limitation, engaging in any of the activities set forth in this Section 8 or any other game manipulation, or breach or laws (including terrorism financing or money laundering), we shall be entitled to take such action as it sees fit, including, but not limited to: (i) immediately blocking a player 's access to the Game; (ii) notifying other companies within the group or any regulatory authority; (iii) terminating the player account; (iv) seizing all balances and chips within a player 's account; and/or (v) taking legal action against a player.
• The player is strictly prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Site or when playing Game, whether using the chat function, the player images option or in correspondence with us.
FEE AND PAYMENT
• If you elect to purchase, trade, or mint NFTs, any financial transactions that you engage in will be conducted solely through the Blockchain via your chosen electronic wallet service such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Game or using the Smart Contracts, or any other transactions that you conduct via the BNB Chain network or other blockchain network. Some blockchain networks require the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee for each transaction that occurs on a marketplace.
• In addition to the Gas Fee, each time you play the Game (or a round thereof) or perform any interaction relating to NFTs, or conduct a transaction via Smart Contracts to conduct a transaction with another player, you authorize us to collect a fee, and as notified to you from time to time via the most updated fee schedule on the Site (the "Platform Fee"). For each transaction where a Platform Fee is payable, we shall give you the opportunity to view and accept the Platform Fee before confirming the transaction and paying the Platform Fee. You acknowledge and agree that the Platform Fee will be transferred directly to us through the relevant Blockchain Network as part of your payment.
• The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorised by the Company (each an External Service, and any purchases made being an External Service Purchase). When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account or other external services as authorized by the company (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service.
• As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Game (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or sales of your own NFTs). Except for income taxes levied on us, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site, the Game and the Smart Contracts ("Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
• The Site and/or the Game (or you may be sent via the Site and/or the Game) links to other websites ("Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the Game, or any Third-Party Content posted on, available through, or installed from the Site and/or the Game, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
• The company may engage in third parties to distribute the mobile applications. By using the mobile applications, you acknowledge that the Terms are concluded between you and us only (and not with the third parties), and that the third parties are not responsible for any part of the App.
• If you decide to leave the Site and/or the Game and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms no longer govern.
• You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the Game or relating to any applications you use or install from the Site and/or the Game. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
• You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services.
• Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the Game such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the Game, and any services provided on the Site and/or the Game, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the Game, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
• These Terms remain in full force and effect while you use the Site, the Game and the Smart Contracts. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, THE GAMES AND THE SMART CONTRACT (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE GAMES AND THE SMART CONTRACT OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
• If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
• To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
• If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by arbitration in accordance with the international arbitration in Seychelles.
• Except where otherwise required by the applicable arbitration rules or applicable law, the arbitration can take place in the Seychelles. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
• In no event shall any Dispute brought by either Party related in any way to the Site, the Game and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and the Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. All other claims shall be arbitrated.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE GAMES AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE GAMES AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE GAMES AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE GAMES AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE GAMES AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE GAMES AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE GAMES AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE GAMES AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE GAMES AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
• WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BNB CHAIN NETWORK, OR OTHER BLOCKCHAIN NETWORKS, THE ELECTRONIC WALLET SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) LOSS OF PRIVATE KEY;(V) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE GAMES, BLOCKCHAIN NETWORKS, OR THE ELECTRONIC WALLET SERVICE.
• NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON BLOCKCHAIN NETWORKS. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BLOCKCHAIN NETWORK , OR YOUR CHOSEN ELECTRONIC WALLET SERVICE. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
LIMITATION OF LIABILITY
• YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE GAMES AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
• YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE GAMES AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE GAMES AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
ASSUMPTION OF RISK
You accept and acknowledge each of the following:
(a) 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 NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
(b) You are solely responsible for determining what, if any, taxes apply to your transactions relating to NFTs. We are not responsible for determining the taxes that apply to your transactions on the Game, the Site, or the Smart Contracts.
(c) The Game does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Game' supporting blockchain on the BNB Chain network /other blockchain network. Any transfer of NFTs occurs only on the relevant blockchain network.
(d) The Smart Contracts you interact with may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties. Interaction with these Smart Contracts is entirely your own responsibility and liability, and we are not a party to the Smart Contracts.
(e) At any time, your access to NFTs or your cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use of your cryptocurrency assets, which may result in the cryptocurrency assets diminishing in value or you being unable to interact with a Smart Contract, the Game or the Site. The Game or the Site may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.
(f) There are risks associated with using an Internet-based currency, 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. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the BNB Chain network /other blockchain network, however caused.
(g) Because NFT is based on blockchain technology, any malfunction, breakdown or abandonment of the relevant blockchain network may have a material adverse effect on the NFT you own. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to NFT, the underlying digital assets, or the relevant blockchain network by rendering ineffective the cryptographic consensus mechanism that underpins the relevant blockchain network. The future of cryptography and security innovations are highly unpredictable.
(h) A private key, or a combination of private keys, is necessary to control and dispose of NFT stored in your digital wallet, vault or other storage mechanism. Accordingly, loss of requisite private key(s) associated with such digital wallet, vault or other storage mechanism storing NFT may result in loss of such NFT. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service which you use, may be able to misappropriate any NFT held by you. We cannot be responsible for any such losses.
(i) Hackers or other malicious groups or organisations may attempt to interfere with NFT, the Smart Contracts, the Game or the Site in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, which may result in losses incurred by you.
(j) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Game ecosystem, and therefore the potential utility or value of NFTs.
(k) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Game ecosystem, and therefore the potential utility or value of NFT.
(l) An upgrade, hard fork, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on all blockchains used in the App ecosystem.
(m) Cryptographic tokens such as NFT are a new and untested technology. In addition to the aforementioned risks, there may be other risks associated with your creation, holding and use of NFT, including those that we cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed herein.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of:
• your use of the Site;
• your breach of these Terms;
• any breach of your representations and warranties set forth in these Terms;
• your violation of the rights of a third party, including but not limited to intellectual property rights; or
• any overt harmful act toward any other use of the Site, the Game and the Smart Contracts with whom you connected via the Site, the Game and the Smart Contracts.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site, the Game and the Smart Contracts for the purpose of managing the performance of the Site, the Game and the Smart Contracts, as well as data relating to your use of the Site, the Game and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the Game and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-commerce payment processing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our websites when they are using it. This may help us to improve the way our websites work, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These cookies are used to recognise you when you return to our websites. They may enable us to personalise our content for you, greet you by name, or remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our websites, the pages you have visited and the links you have followed.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our sites.
RESTRICTED JURISDICTIONS FROM GAME PLAY
• Central African Republic
• Côte d’Ivoire
• Democratic Republic of the Congo
• Democratic People’s Republic of Korea
• French Guiana
• French Polynesia
• French Southern Territories
• Libyan Arab Jamahiriya (Libya)
• Myanmar (Burma)
• New Jersey
• Republic of Korea
• Sierra Leone
• Syrian Arab Republic
Use of the App and Services are expressly prohibited from the jurisdictions listed above. Any account accessed from a restricted state or country will have all access rights revoked and any balance contained in the account may be considered void. You are required to notify us immediately should you intend to relocate to, or visit, a restricted state. Your account will then be placed on a temporary hold or permanently closed, depending on the circumstances, with any balance available being returned to you. Any attempt on your part to circumvent these restrictions, in any way, will result in closure of your account and any balance deemed to have been forfeited.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or Service will be available in any particular geographic location.
• These Terms and any policies or operating rules posted by us on the Site, the Game and the Smart Contracts, or in respect to the Site, the Game and the Smart Contracts constitute the entire agreement and understanding between you and us.
• Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
• We may assign any or all of our rights and obligations to others at any time.
• We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
• If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions.
• There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.
• You agree that these Terms will not be construed against us by virtue of having drafted them.
• You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.